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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16224
Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I am living in an apartment where I am not on the lease. My

Customer Question

I am living in an apartment where I am not on the lease. My "boyfriend" was taking money from me to supposedly pay the rent, but that obviously not happening. While I was in the hospital giving birth to his child, he skipped town and left me holding the bag. I have no means of support other than my unemployment from which I have not received my first check yet. I received a 24hr. eviction notice on my front door today. Do I have any recourse...it is virtually impossible for me to vacate the property within the next 24 hours.
Thanks in advance for any assistance you might offer.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) Is the notice informal (such as a letter, etc), or a court summons? Does it have verbiage such as WRIT on it?

2) How long do you need to find another location to relocate to?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


Yes...it has the legal verbage and is from the sheriff's office. I need at least a couple of weeks to try to relocate. I am on my own with a newborn. I also want to make sure I am not signing up for some type of on-going membership that I cannot afford and do not need. It is hard enough for me to let go of $36 to see if you can give me any hope.

Expert:  Ely replied 1 year ago.
Elizabeth,

JustAnswer experts do not handle the billing aspects of the matter, but you can go to www.justanswer.com/help and contact customer service (top right) and they would be very happy to help with this.

I need to know exactly what the notice is entitled, and, what it says on it - can you please summarize?
Customer: replied 1 year ago.


Writ of Eviction


 


Says I have 24hrs. to vacate the premises and that anytime after May 9th at 9am, the sheriff can lock me out. I do not have it with me and cannot tell you exactly what it says. I am sorry, but this is the full jist of it.

Expert:  Ely replied 1 year ago.
Thank you, Elizabeth. It sounds like the landlord has filed for a Writ of Possession. I am going to be honest and state that I cannot think of an immediate solution, but perhaps another expert may. I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck...
Customer: replied 1 year ago.


Thanks for your help

Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. New expert here and I think I can help. The writ of possession is delivered to the Clerk of the Court after the Court enters the final judgment evicting the Tenant. The Clerk will sign this Writ. After the Clerk signs this Writ, it must be delivered to the Sheriff to be served upon the Tenant and who, if necessary, will forcibly evict the Tenant after 24 hours from the time of service. If requested by the Landlord to do so, the Sheriff shall stand by to keep the peace while the Landlord changes the locks and removes personal property from the premises. What is interesting about the situation and what you stated above it that you needed to be included or named in the eviction proceedings and placed on notice. You should have been served and received notice in the mail, about the proceedings and hearings for them. If you did not, you would need to go to the court house today and file an emergency motion with the court, asking that the eviction be stayed, based upon the fact that you were never served, placed on notice or knew about the eviction and you were residing in the subject property. Moreover, you can advise the Judge as to the current situation with the child and that you need a few weeks to find a new place to live. When you file the motion, you must ask the clerk if there is a Judge that the matter can go before at this time, so you can try and obtain an order, preventing the sheriff from removing you. Without any written order from the Judge, the sheriff is just going to proceed. They are going to tell you that their hands are tired and they are just following orders. If you can at least show them you filed a motion with the court they may be willing to work with you, at their discretion but an order would stop them. You need to go to the court house NOW, file it and see if it can go before the Judge, based upon the harm you will suffer if the matter is not heard. It may not be the easiest thing to do but it is the only way to stop the sheriff from removing you tomorrow morning.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, 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 faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. 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.

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