Cana stipulation for an unlawful detainer be modified if it was signed under duress?

I was sued by my landlord. The hearing for unlawful detainer was the same day that I was to start a new job. Spoke with his lawyer on phone explaining that I could not make court. Lawyer set amount at $800 per month over my monthly rent. I told him that I didn’t know how much my take home pay would be. Now, as it turns out, I cannot afford an extra $800. I’m now being threatened with eviction with no further court hearing.

Asked on December 27, 2010 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Well there may be a better reason to have it set aside but I think that what you need to do is to hire an attorney to help you in this.  It is obvious that the cards were stacked against you and the attorney set the rent at an exorbitant rate over and above your regular rent given your explanation of the circumstances involved.  Your attorney needs to make a motion to modify the stipulation and/or to set it aside.  You have proven to the court that it is your intent to make good on the debt that you owe but that given your economic circumstances you can not pay the amount that had previously been agreed upon.  No court will hold that against you, especially if you explained it to the attorney to begin with and it was ignored. Get help.  It will be costly if you do not.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.