Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
we have spoken about this before. I
If your order is for in rem relief, meaning stay modified for the property regardless of who lives there, you would attach that to your eviction notice, and the sheriff will understand that and serve notice of eviction
you can also discuss it with the sherriff when you make arrangements for service too.
Have you obtained your stay modification yet?
If you have your stay relief, in rem, then he can't claim it later.
Not yet, but I'm just afraid that they will dismiss the case before I can get a hearing for "In Rem" relief.
I'm just tryign to prepare for the worst right now with questions, so I won't be surprised.
Lets say... I didn't get in rem relief. So will their son be able to stop eviction even though he is not on the deed/lease?
I know he's not suppose to be granted "automatic stay", but I saw their bankruptcy papers and it seems that you can put whatever you want on it. Making his son able to get automatic stay since no judge will look at the papers until a month or two later.
it could be possible that the eviction would stop temporarily in a new case by the son, but you would be able to bring a motion to modify the automatic stay in that case too. Best would be to get the In Rem relief in the current case to avoid that whole situation.
Its just hard to get a hearing from the judge since the case is being dismissed before my hearing date.
Is it possible to get a hearing even though the case has been dismissed?
Or is there another way to approach the judge?
You can try to file a motion and set it for the same date as dismissal, you may be able to get the judge to sign your 'in rem' order to stop this nonsense. You can request shortened notice as well if need be.
Once it dismisses, then you would be too late.
Hope that helps
Can I request shortened notice for both motion to lift automatic stay and motion for 'in rem' relief? How much time will I be saving?
I also got this advice "
What do you think about that?
the in rem relief is the motion to lift stay, so, yes, you can request shortened notice period. If there is a pending dismissal, that is the reason for the shortened notice, so I don't know how much time you are really saving. Normally, the motion requires 7 days notice.
It's possible, yes, but risky, since the court could dismiss your motion as moot, if the case dismisses before your motion.
The court could also grant the motion, it can vary by judge and circumstances.
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