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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36215
Experience:  Attorney with 16 years experience
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What are my options after my eviction ex parte was denied?

Customer Question

what are my options after my eviction ex parte was denied ?
Submitted: 5 months ago via Cornell Legal Info Institute.
Category: Family Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I am going to need some more details about your situation before I can comment. There simply isn't enough information for me to have any idea what is going on here other than something about an eviction.

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So if you can give me more info and some of the back story, I will try to help.

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thanks

Barrister

Customer: replied 5 months ago.
i have been renting my single dwelling pre 1979 house for 9 years. i hit a very rough financial patch and eventually got served 3 day notice. i couldnt make the hearing because of work. i did file and ex parte to stay the execution but was denied. the judgement was entered on 11/16/16....my landlord hired a property manager just ti do the eviction and i've tried to work out a payment plan but the said it was too late. I will have the money they are sueing me for which 4900 within the coming weeks.
Customer: replied 5 months ago.
these are just for ref.
Expert:  Barrister replied 5 months ago.

Ok, thank you for that information...

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I hate to say it, but losing a job and not being able to leave a new job to come to court isn't something that would normally convince a judge to grant a stay of execution. It has to be something like you were in the hospital and had surgery and couldn't come to court and have all the money right now. Or you weren't properly served with the summons, and you have all the money right now.

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So at this point, if the landlord won't agree to enter into a payment plan with you to let you stay, then legally there is not anything that would compel them to do so.

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If that is the case, and they are determined to evict, then your best option is to arrange to move your personal property out so that the landlord doesn't put everything on the curb when the execution of the writ occurs by the sheriff..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...

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Barrister

Customer: replied 5 months ago.
ok thank u
Expert:  Barrister replied 5 months ago.

You are very welcome. I am sorry that the news isn't better for you as this it the part of the job that I don't like...when I have to give bad news to a customer..

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thanks

Barrister