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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31590
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I need to know if a writ of possession can be quashed or stopped?

Customer Question

I need to know if a writ of possession can be quashed or stopped? A judgement has been filed and I appealed with inability to pay fee's as a pauper but was unable to pay the $500 into the registry by yesterday and the landlord filed a writ this morning. I have made a partial payment to him after he gave me the 3 day notice and by looking online he should had given me a new one so he is in violation. So can I stop the writ somehow?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'm a Real Estate litigation attorney. Thanks for your question. I'll be glad to assist.
It is possible to file a motion to quash a writ of possession if there is some procedural reason that the writ is improper. But, if there is no such procedural defect, it's practically impossible to stop the writ of possession as the landlord is entitled to recover possession of his property.