I suppose you could pay an attorney and a handwriting expert, and also produce your copy of the signed lease, and then stay in the place, freeloading, and fight the landlord tooth and nail, and then eventually, the landlord will win, and you will be out on street, probably by force of the sheriff or marshal, and then your credit will be ruined for about 10 years or so, and good luck renting another place for this period. You can also file all kinds of other frivolous lawsuits against the landlord only to lose in the end, and also be in massive debt for the landlords attorney fees, and have this reported to your credit. The easiest way to rent places is to hold to your end of the agreement, find housing that is within your budget, and save a few months rent in the bank in case you lose your job, so you can still pay your rent on time. If you had paid your rent on time, and in full, the landlord would not have taken you to court in the first place. So, my answer is, to retain a lawyer, if you are lucky, for about $1000 and sign their agreement for their service at about $250 per hour, and let them do their job. And hopefully after the lawyer has done countless hours of work, at your expense, you end up losing the case, and have to not only pay your lawyer, but the landlords, and court costs, along with still having the unlawful detainer lawsuit on your credit report.
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Submitted 161 days ago...
Set aside default judgement on Unlawful Detainer?
We were 1 day late in filing our answer to the UD (didn't count weekend days), and unfortunately 20 minutes behind the LL. Can we file a motion to set aside the default, as she filed phony rental agreement with our forged signatures as an exhibit? She also inflated our rent from the $1075 we paid to $1650 in order to get more money from us. I always thought forgery was illegal!
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Answer 2 / 2 - Submitted 160 days ago...
You can sure file motion for reconsideration ( set aside); and state the reasons why:
1) the legally faulty , rental agreement alleging that the signatures are forged offer copies of your siganture or the real rental agreemnt
2) that the amount of rent is inflated ( provide proof; canceled checks from previous months, your copy of the real rental agreement
You certainly could ask the court to amend the judgment to reflect the accurate rent, and make sure ask for anoter hearing. asking ain't gettin' but the rules get bent in small claims and LL tenant court all the time.
This Question was awarded 158 days ago therefore you can no longer post an Answer. However you may post a comment below.
It certainly was better than the first smart-alecks. We're going for it tomorrow I hope. Wish me luck. Thanks.
Make sure you include te proof as exhibits in your filing, without exhibts submitted with the filing the court may dismiss summarily . Offer your real excuse for your late response , though ignorance of the law is no excuse, in small cliams , with pro se parties, the courts usually give leeway with lay people. Put that laguange in your pleading. admit ignorance is no excuse , but ask the court , in the interst of justice to allow your late response and admit your evidence and ask for another hearing. The elements most left out of pro se pleading is the final paragraph, telling the what "relief" you want; what you want the court to do. Judges cannot read your mind; nor will courts tell you what you shoudl ask for or do.
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