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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17455
Experience:  B.A.; M.B.A.; J.D.
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Eviction, I was not properly served. but did not answer the

Customer Question

Kim, eviction
JA: Thanks. Can you give me any more details about your issue?
Customer: I was not properly served. but did not answer the motion for eviction in time. I had to file a motion to stay which the judge denied. I have another place to go it is just not ready yet. is there anything else I can do? can I file another motion to stay?
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Submitted: 9 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 9 months ago.

Could you clarify?

Are you requesting for an Expert by the name of Kim or is your name Kim?

In what state do you reside?

Are you stating that you have filed Motion to Stay the Execution of the Eviction Judgment?

Customer: replied 9 months ago.
I filed the motion to stay it was denied
Customer: replied 9 months ago.
Can I file another motion to stay for eviction?
Expert:  Phillips Esq. replied 9 months ago.

Is your name Kim or are you requesting for an Expert by the name of Kim?

I do not want to take this post if you have specifically requested for another Expert.

Thank you!

Customer: replied 9 months ago.
I'm Kim
Expert:  Phillips Esq. replied 9 months ago.

Thank you.

I still need a response to one of my questions:

In what state do you reside?

Customer: replied 9 months ago.
Florida
Expert:  Phillips Esq. replied 9 months ago.

Thank you for the information. If your Motion to Stay Execution has been denied, you can appeal the decision to the higher Court. The notice of denial of your Motion to Stay Execution should have informed you of the deadline to appeal, which is usually 30 days from the time your Motion was denied.

Customer: replied 9 months ago.
Just want to make sure you understand its for eviction
Expert:  Phillips Esq. replied 9 months ago.

Yes, I do.

In the alternative, you can also file for Chapter 7 bankruptcy protection. However, since there is already a Writ of Possession, you must deposit with the bankruptcy Court, Clerk's office any rent that would be due within the 30 days after filing of the bankruptcy petition in order for the bankruptcy Court to halt the eviction process.

If you cannot afford to pay the filing of $335.00, you can ask for a fee waiver.

Most bankruptcy Courts have pro se clinics that help people who cannot afford Attorney file for bankruptcy protection. Click on the link below to find your bankruptcy Court:

http://www.uscourts.gov/court-locator

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