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LandlordTenantAnswer
LandlordTenantAnswer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 23972
Experience:  Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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I received a writ of restitution on Friday afternoon and I

Customer Question

I received a writ of restitution on Friday afternoon and I never received a court summons. I don't have any way to move seeing its outside business hours. Also I asked the office if I could pay and they said there hands where tied Hello
JA: Hello. How can we help?
Customer: YouI received a writ of restitution on Friday afternoon and I never received a court summons. I don't have any way to move seeing its outside business hours. Also I asked the office if I could pay and they said there hands where tied
JA: Since laws vary from place to place, what state is this in?
Customer: Longmont Colorado
JA: Have you talked to a lawyer yet?
Customer: No like I said the Rick was posted on the door Friday evening nowhere is open on the weekend
JA: Anything else you think the lawyer should know?
Customer: Writ no Rick sorry
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Landlord-Tenant Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  LandlordTenantAnswer replied 5 months ago.

Good morning. I certainly understand the situation and your concern. As you are aware, If the landlord wins, you will need to leave the rental property or be physically evicted. When the landlord wins he/she has the right, after 48 hours, to get a Writ of Restitution from the Court. This means that after 48 hours, the Sheriff can receive an order to come to the premises and move you out. You may call the civil division of the Sheriff's office of the county where you live to find out when a Sheriff's deputy will be there to evict you. However, you shared that you were never served a summons for the eviction and placed on notice and if that was the case, you could have a good faith basis to file a motion first thing tomorrow and ask the Judge to vacate the judgment/writ, since you never had a chance to defend this. You need to advise the clerk when you file it that this is an emergency and see if you can go before the Judge and be heard.

Customer: replied 5 months ago.
Is it true that if I write a request for them to hold and store my things they must? Also is it true that there hands are tied since it already got sent to an attorney?
Expert:  LandlordTenantAnswer replied 5 months ago.

No, they will not and they can remove them. They do not have to store and hold them. However, they can stop this if they wanted to and do not have to proceed with the writ and have you removed. An attorney can always file a motion to cancel it. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  LandlordTenantAnswer replied 5 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!