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RGMacEsq
RGMacEsq, Attorney
Category: Business Law
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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And thank you. I did not receive an order/judgement. I

Customer Question

Hello and thank you. I did not receive an order/judgement. I need to take immediate action to file something today I would assume. Your website is not working correctly. Thanks
Submitted: 1 year ago.
Category: Business Law
Expert:  RGMacEsq replied 1 year ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. Can you explain a bit more about your situation? What is this in reference to? Is someone trying to sue you, or have you been sued?
Customer: replied 1 year ago.
I was served a 24 hour eviction notice yesterday by the sheriff. They left it on my door. I need to know how to delay it. I am moving next Thursday. I have never taken any action re: this matter since I thought it would take more time and I knew I was moving soon. Thank you
Expert:  RGMacEsq replied 1 year ago.
Were you ever given notice of the actual eviction, or served with process (notice) of the legal proceedings?
Customer: replied 1 year ago.
Yes, but I thought this process would take more time and knew I was moving soon. What can I do TODAY to delay this for my move scheduled next Thursday?
Customer: replied 1 year ago.
Do the Sheriff always come on schedule and can I talk them into waiting until a few more days?
Expert:  RGMacEsq replied 1 year ago.
You can file a motion to "stay" the execution of the writ of possession, but usually you need to have a good reason to do so. That's why I'm asking about being served with process, etc... Furthermore, to do so you'd need to file a "bond" with the court that would need to be paid if you lose your case. The 24 hour notice is the last part of the case, and at this point a court would need a very good reason to stay the eviction. In other words, you would need to tell the judge why it would be inequitable to kick you out at this point in time, and I guarantee you that a judge would not find "I thought it would take longer" persuasive. Are you elderly? Disabled? Is there some other reason that you can argue that you can't be out in 24 hours and didn't respond until now?
Customer: replied 1 year ago.
I have a disability and on medicare.
Customer: replied 1 year ago.
Do I need an attorney to do this or can I go to the courthouse with my documents and file something?
Expert:  RGMacEsq replied 1 year ago.
What's your disability?
Customer: replied 1 year ago.
Chronic Fatigue Syndrome, have had it for numerous years. I just need a little time. Til Thursday next week.
Customer: replied 1 year ago.
Again, I ask: Do I need an attorney to do this or can I go to the courthouse with my documents and file something?
Expert:  RGMacEsq replied 1 year ago.
Understood. It is something that you can do, although IF you can find an attorney in such a short period of time I would suggest that you do so. Unfortunately it might be too late to do so. I would suggest calling around to attorneys that handle general practice cases near the courthouse. One moment while I look for a form in case you cannot find an attorney...
Customer: replied 1 year ago.
Do you know a quick way to find an attorney near the courthouse?
Expert:  RGMacEsq replied 1 year ago.
Here's a form that is an emergency motion to stay (technically for Miami Dade County, but you can white-out that language or use a word processor to reproduce the motion): http://www.lsgmi.org/downloads/Emergency-Motion-to-Stay-Writ-of-Possession-Insert.pdf . You would give your reasons for asking for the stay (that you're disabled and unable to vacate within 24 hours, and that you ask for at least a week to comply).
Expert:  RGMacEsq replied 1 year ago.
There's no specific "way" to find an attorney, as attorneys have busy times and slow times, and that depends upon the attorney and time of year. That's why when it's such short notice, you literally have to call around and ask if there's someone that can file an a motion for an emergency stay of a 24 hour writ of possession.
Customer: replied 1 year ago.
Thank you. Is there a link for attorney's near the courthouse who handle evictions? I would also like to try this.
Expert:  RGMacEsq replied 1 year ago.
There's not a "link" per se. Rather you can do a Google search (with the map function) to look for attorneys that have offices near the courthouse. You can also try "www.lawyers.com" which can search by city and specialty.
Customer: replied 1 year ago.
I found a list of eviction attorneys who I am sure will also do what I need, thanks
Expert:  RGMacEsq replied 1 year ago.
My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!
Expert:  RGMacEsq replied 1 year ago.
Did you have any other questions before you rate this answer?
Expert:  RGMacEsq replied 1 year ago.
Hello?
Customer: replied 1 year ago.
I am having difficulty finding an attorney!! Can I go to the courthouse and file this myself??
Customer: replied 1 year ago.
The link you gave me does NOT work.
Expert:  RGMacEsq replied 1 year ago.
Let me try to put an embedded link, as it still works for me: http://www.lsgmi.org/downloads/Emergency-Motion-to-Stay-Writ-of-Possession-Insert.pdf As far as finding an attorney, I'm not surprised. Like I said, it may be difficult to find an attorney on such short notice, but also like I said you can file this on your own.
Customer: replied 1 year ago.
How do I file this on my own? Take that 1 page to the courthouse?
Expert:  RGMacEsq replied 1 year ago.
Yes, and ask the clerks how to file an emergency motion. It's essentially an "ex parte" motion, and would be granted based on "equitable" grounds.
Expert:  RGMacEsq replied 1 year ago.
Now it's possible that the clerks might have a form specific for the county or even court that you'd be filing it in. I would suggest calling them first and asking them about that, or any other things that you need to know about filing such a motion in your specific county.
Expert:  RGMacEsq replied 1 year ago.
If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better). If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!
Expert:  RGMacEsq replied 1 year ago.
Did you have any other questions before you rate this answer?
Expert:  RGMacEsq replied 1 year ago.
My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!
Customer: replied 1 year ago.
Thanks, ***** ***** asking prior, the link you sent to find attorneys does not work.
Expert:  RGMacEsq replied 1 year ago.
It's not a clickable link. Just type in www.lawyers.com in your address bar.
Expert:  RGMacEsq replied 1 year ago.
Again, If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better). If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!
Customer: replied 1 year ago.
I won't know until I take the form to the courthouse. Thanks
Expert:  RGMacEsq replied 1 year ago.
You can always ask follow up questions, even later on. But if there's nothing else for the time being, please rate it so it will close out and allow me to assist other customer.s
Expert:  RGMacEsq replied 1 year ago.
You can always ask follow up questions, even later on. But if there's nothing else for the time being, please rate it so it will close out and allow me to assist other customer.s

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