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In an Unlawful Detainer, on the Request for Entry of Judgment, what is the difference between a Default and Default of Judgment?
Anonymous2 views2 answers
If the Tenant's Answer to the UD Summons and Complaint is to be served on me, I have not been served.
Hoping the Tenant does not answer, I am preparing the Request For Entry of Default to file after the five days. At this point, I simply want the Tenant out so that I can rerent the unit and minimize my losses? When filling out the Request For Entry of Judgment what is the difference between Default and Default of Judgment? In other words, I need to have the Tenant out and I would like to recover any monies that I can. If recoverying monies will delay anything, then simply for me to get the Tenant out.
A default merely cuts off the defendant's right to contest the case.
A default judgment is what a landlord needs in order to obtain a writ of possession for the sheriff to perform a lock out, and for the landlord to collect the monetary portion of any judgment (for unpaid rent pursuant to the 3-day notice and for holdover damages).
http://www.attorneyqna.com/legal-guides/ugc/unlawful-detainers-in-california?ref=kb_serp_title_1
default cuts off there right to answer or otherwise respond to the complaint. A default judgment is what you also need to request so that you can have a writ issued for possession of the property that the sheriff can execute. You should hire a local landlord attorney who handles these cases all of the time.
