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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99492
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I'm trying to find out if I can file and Emergency Motion to

Customer Question

I'm trying to find out if I can file and Emergency Motion to Sstay Eviction proceedings pending an appeal.
JA: What state are you in? It matters because laws vary by location.
Customer: Stay
JA: Has anything been filed or reported?
Customer: TN 10 day to leave judgment in landlords favor. This is a Commercial lease and I have until tomorrow to get out.
JA: Anything else you want the lawyer to know before I connect you?
Customer: just how to stop the writ of possession
Submitted: 2 months ago.
Category: Legal
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation, R. The tenant always has the ability to file a stay. However, this is normally done within the appeal process. If one appeals, then the Court is more likely to agree to the motion to stay. One has 10 days to appeal the judgment.

Ergo, someone in your situation wants to file an appeal if still possible, and that would facilitate a stay order.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 2 months ago.
I won't disparage the messenger.
Customer: replied 2 months ago.
I'm familiar with TCA 29-18-130 (b)(2)
Expert:  Ely replied 2 months ago.

Okay. Thank you. So, what can I answer specifically in regards ***** ***** aside from what I have already stated?

Customer: replied 2 months ago.
I just don't know how to petition the circuit court for a writ of certiorari and supersedeas and if a Motion for Stay is required at the General Sessions Court level first
Expert:  Ely replied 2 months ago.

Has it been 10 days since the eviction judgement?

Customer: replied 2 months ago.
No, it's been 8 day and my lawyer quit on the 4th day (without giving me any warning and keeping the $2,000.00 retainer I paid him on August 8th. I will suffer irrepairable harm to my inventory if it is put out on the street by the Sheriff
Customer: replied 2 months ago.
I have over 100 pianos and a semi load of other equipment
Expert:  Ely replied 2 months ago.

Thank you. I cannot tell you step by step on how to file the appeal. This would be impossible via this medium. Ergo, what exactly can I answer? For example: tell you where to file the documents, etc? Explain how the stay works within the appeal process and if you have to go back to the original court, etc?

Customer: replied 2 months ago.
I'm assuming I would file a petition for writ of certiorari and supersedeas in the Circuit Court after I post an appeal bond of $12,000.00 in General Sessions Court
Customer: replied 2 months ago.
But I don't know what a petition for writ of certiorari and supersedeas is
Customer: replied 2 months ago.
All of my liquid assets in the world amount to $14,016.71
Customer: replied 2 months ago.
I have been precluded from selling pianos in a building with no water and (for the past two weeks) no electricity .... after spending $8,000.00 in January to move in (with the promise of a written lease which never materialized.
Customer: replied 2 months ago.
I have been in the building for going on three years, but when the current landlord purchased the building ion Dec. 2015, I was required to move my operation from one side of the building to another and up one flight of stairs. I was promised a written one year commercial lease with a two year option before I moved
Customer: replied 2 months ago.
which is not important right now
Expert:  Ely replied 2 months ago.
No. All of this is done in Circuit Court if one is appealing from General Sessions Court. The appeal, the bond, the request to stay, etc. Examples:
Supersedeas is the bond one places down. See it here:
Notice of Appeal:
The stay is filed with the Circuit Court as well. It may or may not be part of the actual filing. If not sure, it behooves one to file an additional ex parte Motion to Stay with the appeal just in case and set it for a hearing.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 2 months ago.
This morning the General Sessions Court deputy clerk told me that I pay the cost bond ($249.50) and the appeal bond ($12,000.00) to her. Is this not right ????
Customer: replied 2 months ago.
The judgment was for "$7,690.41+ Possession"
Customer: replied 2 months ago.
Even though I had already paid the landlord $7,850.00 .... but my lawyer either failed to point this out at trial or he chose not to admit my canceled checks as proof and the judge ignored that fact
Customer: replied 2 months ago.
All monthly payments were made on the 1st of each month
Expert:  Ely replied 2 months ago.
Hmm. I am not feeling comfortable here, especially if you are getting mixed information. The bond is normally filed with the appeals court but perhaps your jurisdiction has a unique procedure.
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 will "lock" your question back to me, thus inadvertently delaying other experts' access to it.
My apologies for any inconvenience and good luck.
Customer: replied 2 months ago.
Will our conversation be available for others to see or is it back to square one again?
Customer: replied 2 months ago.
Please "unlock" my questions so another attorney may respond

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