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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35309
Experience:  Attorney over 16 years, landlord 26 years
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I went to leave my house to go to work on Friday. There was

Customer Question

I went to leave my house to go to work on Friday. There was an eviction notice on the door. I called the sheriff he said court was the day before court that I knew nothing about, and I had to leave. The next day the lanlord showed up to change the locks. He was in the house he unplugged everything and broke my aircondioner. The police stopped him and told him I have a few days to move. This landlord has been on my back since I moved in on April 1st, and trying to kick me out. He said I haven't paid rent in 2 months which isn't true I have a card where my checks are authorized and the money is taken right out of my account. How long do I have to leave seeing that I knew nothing about the court case and the clerk of courts is not calling me back. I will leave he is a jerk. He came into my house last week to pick up something he left in the basement came upstairs walked right into my bedroom and was taking pictures I was in bed I work 16 hour shifts I was in bed. I think he just should have went to the basement not all the way to my bedroom walk through a closed door and take pictures of my bedroom I only had a bra and undies on how long do I have to leave. Thank you
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 8 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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Can you tell me what state this in?

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Was this a "writ of possession" that was posted on the door?

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Did you ever get served with any notice to pay rent or vacate? Or any summons to come to court?

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thanks

Barrister

Customer: replied 8 months ago.
Wisconsin, writ of restitution eviction notice. And he has been giving me all kinds of notices since I have been living here I moved in April 1,2016. He also never gave me a copy of the lease. My first month rent was 6 days late. A new company took over the nursing home so checks were late.
Expert:  barristerinky replied 8 months ago.

Ok, if a write of restitution has been issued, then usually the sheriff will post a 24-hour notice before removing the tenant from the premises. Only the sheriff has the authority to post a 24-hour notice and remove a tenant. (The tenant may contact the sheriff and attempt to arrange a move out date). If the sheriff removes the tenant, any possessions will be moved to storage and the tenant will have to pay reasonable moving and storage costs to retrieve them (but not back rent). If the property left is garbage and debris, it can be disposed of.

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So your best bet is to contact the sheriff and ask them when the set out is scheduled for so you can go ahead and make arrangements to move so you don't have your property set out.

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thanks

Barrister

Customer: replied 8 months ago.
Even if I wasn't served a paper to go to court.
Expert:  barristerinky replied 8 months ago.

Once the writ has been issued, if you wanted to fight the eviction, you would have to file a formal action in court for an "emergency stay of execution" immediately, as in today, because the sheriff could come back any time and force you to leave and put your stuff on the curb where anyone can take it.

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If the judge agreed to the stay, then you could file a motion to vacate the judgment on the basis of not ever being served with a summons to go to court. This would be a violation of your procedural due process rights and could result in the judge throwing out the judgment against you.

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But time is critical now if you want to fight this.

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thanks

Barrister

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