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You should get to the Clerk of Courts office as soon as they open, usually at 8 am, and file an appeal to stop the writ of possession.
In California, once a tenant has given a notice of intent to vacate, they are typically bound by this notice. However, if the tenant wishes to rescind their notice, it would require the landlords agreement. The landlord is not legally obligated to accept the retraction of the notice.
One example of a stay of execution in the death penalty context was the James Autry case. Autry was already strapped down to the execution table in Texas on 4 October 1983 when the order came to stop the execution. He was executed a few months later, on 14 March 1984.
Bring the notice and any other papers that you have received from your landlord, including any rent receipts, to the court. To find out where to go in your county to try to stop or delay your eviction, refer to Locations. At the courthouse you will fill out an affidavit in support of an Order to Show Cause.
Present Your Arguments Use specific examples and evidence to support your claims. For example, if your landlord claims that you havent paid rent, provide documentation that demonstrates that you have.
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Yes. You should file a Motion to set aside default judgement. Once you do that you will have to address the underlying lawsuit. You will probably end up negotiating a settlement with the creditor.
A stay puts a judgment on hold. You cannot be evicted while you have a stay. To get a stay, you must file an Application for Stay of Execution of Writ of Restitution. Your Application for Stay must be filed with the Clerks Office in Room 110 before 2:00 p.m. on the day that you want to see the judge.
You must give the landlord or their attorney notice of your intent to request a stay of execution. Typically, its required that you give at least 24-hours notice of your intent to request a stay of execution. But, it is okay if you give less than 24-hours notice.

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