Plaintiff defaulted..not the defendant…
The unlawful detainer case against us and our quiet title case against them were settled last week, sort of. We are to get $30,000 in two payments, one was supposed to be today, the next on Sept 21 when we agreed to vacate the home.
Now, I’ll quote what the judgement says starting with paragraph 1. Paragragh 6 isn’t in play until Sept 21st. so I’ll stay with the current issue.
- Plaintiff shall pay to R____ D_____, care of the Law Offices of ______ _ ______, the sum of $15,000.00 on or before July 1, 2026. The payments shall be in the form of a trust check from the ____ ___ Law Firm, Inc. Client Trust Fund.
”If the Plaintiff does not comply with any of the requirements of Paragraghs 1 or 6, THEN, defendant‘s attorney may immediatel, by written declaration stating Plaintiff’s default, apply to the court ex parte for a judgement against Plaintiff for any sums then unpaid under Paragraphs 1 or 6, and for attorney’s fees and court costs.“
Now, since my husband’s attorney hasnt done any of the filings they should of, even the judge said something about it and that’s another matter we will be dealing with, I don’t want to trust the to be ontop of this situation.
What exactly needs to be done inorder for the attorney to file due to the fact the money was not paid by July 1?
Thank you.