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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33781
Experience:  Attorney for over 15 years, landlord 26 years
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I just received a writ of restitution on my door. I have

Customer Question

I just received a writ of restitution on my door. I have been trying to work out with my landlord, but she is not returning my calls. She has an online payment service which just allowed me to pay one month's rent online and I did. Can they still enforce the writ? What are my options?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Unfortunately, if the writ has already been issued, then paying the rent at this point wouldn't void the writ. If you had paid the rent prior to the writ being issued, then you might be able to file a motion to vacate any judgment based on the landlord accepting the payment. But after the writ is issued and posted on your door by the sheriff then that is generally just a courtesy notice by them that they will be back shortly to physically evict you from the property unless you work something out with the landlord to get him to call it off.
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Once the writ has been posted, the landlord can immediately call and schedule a set out with the sheriff and have them appear and physically force you to leave and put your property out on the curb.
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With that said, if the writ has been posted, it can be enforced at any time, so time is critical to contact the landlord to see if there is any way to get them to hold off on the eviction.
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thanks
Barrister