Can an attorney call me at 8 pm and tell me he is going to court at 10 am the next day to vacatean eviction and judgment that I was awarded?
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Can an attorney call me at 8 pm and tell me he is going to court at 10 am the next day to vacatean eviction and judgment that I was awarded?
My mom and sister have been squatting in my house for 5 months and refuse to move.I served them with 3 day notice to vacate and then with eviction summons and complaint for unlawful detainer. They responded to none of it and won’t talk to me at all. I won by default and the sheriff has served them with 3 day notice and the physical eviction is days away.
Asked on October 5, 2011 under Real Estate Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes--though this doesn't mean he'll succeed in vacating the judgment.
A judgment can only be vacated for good cause; e.g. that the reason for the default was someone was in the hospital at the time; or that you did not properly serve notice on the other parties.
Because courts recognize that once someone is evicted improperly, it's difficult to undo the harm, they are generally willing to hear motions to vacate or stay evictions on an emergency (often called "mergent") basis, on short notice.
You have the right to be heard about the judgment--that's why you were given the notice by the other side--and again, they have to have proper cause to vacate the judgment.
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