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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 25413
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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If I got a writ of possession and have 24 hours to evict can

Customer Question

If I got a writ of possession and have 24 hours to evict can I stop the eviction by paying it tomorrow morning
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer 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 evening. I certainly understand the situation and your concern. If you have a good reason why the Sheriff should not put you out of your home, you should file an, “Emergency Motion to Stay Writ of Possession & Request A Hearing.” This is a request that the Judge stop the Sheriff from putting you out. The Emergency Motion must say four things:
1. The reasons you should not be put out by the Sheriff. Some
reasons may be:
You never received a copy of the eviction or lawsuit papers except
for the Writ of Possession.
You need extra time to move because someone who lives in the
home is very sick or disabled.
You paid the landlord after the eviction was filed and the land lord said you could stay in the home.
2. A request that the Judge stops the Sheriff from putting you out.
3. A request that the Judge gives you a hearing so you can tell the Judge in person why you should not be put out.
4. Any evidence to support your request (i.e. receipt of payment). You must fax or hand-deliver a copy of the Motion to the landlord’s attorney or to the landlord if he does not have a lawyer.
As soon as the Writ of Possession was served on you or posted on your door, you should have immediately filed the Emergency Motion. File the motion with the Clerk of the County Court at the Court where the case was filed. At this point, the landlord does not have to accept payment of the rent unless they want to. If you have been trying to pay the past due rent all this time and they have acted in bad faith, you could have a chance and basis to stop it.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service 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 lower ratings to the left, please stop and reply to me. 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.
Expert:  RealEstateAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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