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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17436
Experience:  B.A.; M.B.A.; J.D.
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My attorney went in to file a stay of execution writ

Customer Question

my attorney went in to file a stay of execution for a writ of possession yesterday. The attorney went to the courthouse and waited to approach the bench and se was backed up with truancy.(JP). The JP received the motions and the clerk stated she did not have time to review so the attorney went their twice today to approach the bench she was out and made a decision to deny the motion. I was approved for a pauper affidavit and told them that I would not be able to make the payment until a day later because my school payroll did not deposit until that day. My attorney called the court of appeals and stated that the judge could have made a motion to stop but the JP court did not send the paperwork up and stated it maybe Monday or Tuesday and they know the writ is going to be executed at 10 am. My attorney is going to file again Monday but isn't it too late
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
my attorney went in to file a stay of execution for a writ of possession yesterday. The attorney went to the courthouse and waited to approach the bench and se was backed up with truancy.(JP). The JP received the motions and the clerk stated she did not have time to review so the attorney went their twice today to approach the bench she was out and made a decision to deny the motion. I was approved for a pauper affidavit and told them that I would not be able to make the payment until a day later because my school payroll did not deposit until that day. My attorney called the court of appeals and stated that the judge could have made a motion to stop but the JP court did not send the paperwork up and stated it maybe Monday or Tuesday and they know the writ is going to be executed at 10 am. My attorney is going to file again Monday but isn't it too late
Optional Information:
What have you tried so far?: I went to the landlord and pleaded with them to take the money and stop and they would not. I was only behind 1 month with late charges from the previous month. The reason why I was behind was because I am going thru a divorce and my car was repoed so I had to et a car and I told them this prior to me being late

Response:Yes, it would be too late then if the execution is going to happen at 10:00 AM. Your Attorney can recommend a local bankruptcy Attorney to file emergency Chapter 7 bankruptcy for you before 10:00 AM and serve a Notice of Bankruptcy Case Filing on the Sheriff and your Landlord to stop the execution. You can also use the following sites to find local Bankruptcy Attorneys:
http://www.nacba.org
http://www.consumeradvocates.org
http://www.lawyers.com
http://www.justia.com