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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35380
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I was served a writ of exeution 4 days ago and need more

Customer Question

i was served a writ of exeution 4 days ago and need more time how do i or how much would it cost me to do so i want to file a stay of execution i need 5 more days
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister 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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You can file your own motion for a stay of execution of the writ, but you would need to do so immediately, as in today, if the scheduled date for the eviction is tomorrow..

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This is a good sample of a stay that you can just modify to show your court and the parties and the use the case law that is provided to file it and hopefully get it in front of the judge before the sheriff appears to execute the writ and deliver possession to the owner.

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Ex Parte Stay of Execution

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I do not believe that there is any additional fee for filing the motion for the stay, but you would want to ask the clerk to be sure as each county has different fee schedules.

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thanks

Barrister

Expert:  Barrister replied 1 year ago.

There is an additional fee for filing the motion for the stay, but you need to contact the clerk to see what it is as each county varies. If you don't have the funds, you can file a "fee waiver" and they will allow you to file for free.

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thanks

Barrister