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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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The day before yesterday,after i left .a sheriff deputy

Customer Question

The day before yesterday,after i left for work.a sheriff deputy (so im told)posted a 24 hr wviction notice. About two weeks prior i received the paperwork from court for the beginnings of the eviction process. I went and filed an appeal. Was then told that this would give me time before my hearing to determan the amount that i actually owed. That court date never came or so i thought. Because, yesterday i received a writ of possession. Is there any wayto put a halt on this since the sheriff may very well be here within the hour
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 2 years ago.
Hello and welcome! My name is ***** ***** I will do what I can to help...Can you tell me what state you are in?.What was the eviction case about...a breach of the lease, late rent, lease expired?.When you appealed, were you actually given a court date when the appeal would be heard?.Did you file for a Stay of Eviction along with the appeal?..thanksBarrister
Customer: replied 2 years ago.
I am in florida
Due to back rent which was withheld due to living conditions not meeting code.
We were not given a date.
Yes,i think i filed both a stay of eviction as well as an appeal on amount owed
Expert:  barristerinky replied 2 years ago.
Ok, if you filed the Motion for Stay, it is immediately sent to the judge, an emergency hold is put on the case, and the judge reviews the Motion and the reasons why the tenant feels they are entitled to having the Writ of Possession stayed. If the judge upon reading the Motion feels that there is some real legal basis why the eviction should be "stayed", the judge will grant the Motion without a hearing and set it for a later hearing, or will set an EMERGENCY hearing to have the landlord and the tenant present evidence as to whether or why the Writ of Possession should or should not be stayed. If the judge upon reading the Motion to Stay the Writ of Possession feels it is completely without merit, the judge will enter an Order denying the motion, and the eviction continues on..But the court clerk should have mailed out a notice regarding the judge's decision to you at your residence literally a day or two after you filed it. .So if you haven't received anything, I can only assume that the clerks either mailed it to the wrong address, or it wasn't actually filed..With that said, you would need to contact the court clerk to see 1. if you filed the motion for stay and 2. whether it was granted, denied, set for hearing. If the clerk tells you that there is no record of a motion for stay of eviction being filed, your recourse is to immediately go down and file one so that it puts the emergency hold on any eviction...thanksBarrister
Customer: replied 2 years ago.
The sheriff showed up before i could get to the court house. Threw me out with nothing. Locked the house up with my animals still inside
Expert:  barristerinky replied 2 years ago.
I am very sorry to hear that. Apparently there was not a Stay of Eviction filed when you filed the appeal...At this point, you would have to contact the landlord to be able to gain access to the property to reclaim your personal property before he disposed of it....thanksBarrister

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