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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17529
Experience:  B.A.; M.B.A.; J.D.
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I need to no how to stop a writ of possession when the judge

Customer Question

I need to no how to stop a writ of possession when the judge made a error and want own up to it
JA: Where is the property located?
Customer: Orlando fla
JA: Has any paperwork been filed?
Customer: Yes I filled it
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes I asked for a emergency stay and it got granted due to the hurricane for 5 days
Submitted: 1 month ago.
Category: Real Estate Law
Customer: replied 1 month ago.
But my time is up. I miss my court date due to I got my days mixed up u called the told me to still come when I arrived the hearing was over I got the order I filled I wrote a letter to the judge. I went home and was doing my research and in the court order it stated that I didn't pay September rents but I had proof I deposited all monies into the register I then wrotea letter to Vacate the order i presented my case I called the judge assistant cause they wouldn't respond to the motion to vacate the order I explained everything to her assistant she said her and the judge would go over it she said call her back later I did she said according to the court records I didn't pay June rent I said that's impossible everytime the judge sent a letter asking to money into the register I did she informed me that it wasn't there responsibility to keep up with how much ipay .I went home I found the error in my paperwork instead of her saying pay deposit June rent she said July but again I followed her orders if I wasn't paying I would have been evicted please help I have a new born baby and a disable child with nowhere to go.
Customer: replied 1 month ago.
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Expert:  Phillips Esq. replied 1 month ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 1 month ago.

I am sorry to read about your difficulties.

I was going to suggest that you file a Motion to Vacate the Judgment. Since you have already done that, the other thing you can do is to immediately file for Chapter 7 bankruptcy. Once the bankruptcy is filed, the Sheriff must be given a Notice of the Bankruptcy Filing so that the execution of the Judgment of Eviction would be stopped. However, if the Judge made an error and refuses to vacate the Judgment, then you can file notice of appeal with the Clerk's office and request that the Execution of Judgment of Eviction be stayed pending your appeal. You can obtain the form to file this notice also at the Clerk's office.

You can go to your local Bankruptcy Court to obtain the forms to file for emergency Chapter 7 with just the Voluntary Petition, Statement of your Social Security Number, list of your creditors, application for waiver of the filing fee, and the pre-bankruptcy counselling certificate. The rest of the forms must be filed in 14 days. Click here and here to locate your bankruptcy Court and to download the bankruptcy forms.

You may also use bankruptcy petition preparer to assist you with the forms.

Best wishes,

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