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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111657
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Went through the eviction, agreed to a stipulation with a

Customer Question

Went through the eviction, agreed to a stipulation with a final stay of execution through 9-30-2016. Six months since judgement was ordered is up on 10-28-2016. Landlords attorney
hasn't filed for execution for possession as of yet. We can't find a place to go to. We have paid all use and occupancy payments agreed to in stipulation. We sent in Octobers rent because we were billed for it. The landlord just sent it back to us saying they cant except it because the stipulation says we have until Sept. 30, 2016. Everything about this case is retailitory, but we agreed to the stipulation in hopes of just finding another home and moving on. Anyway to get more time?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 month ago.

Hello: This is Phillipsesq. 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.

You can speak with the Landlord's Attorney about your difficulty and request for more time. In the alternative, since the Landlord's Attorney has not filed for the Execution to just wait and see and when the Attorney files for execution and if you have still not found anything at the point, you can respond to the Motion and ask for more time.

You may as a last resort file for Chapter 7 bankruptcy protection if you are eligible to suspend the execution for possession. The Landlord must then file Motion for Relief from the Automatic Stay to get permission of the bankruptcy Court in order to proceed to evict you from the property.

You would be eligible to file for Chapter 7 bankruptcy protection, if you meet the Means test—the income test. If your income is equal to or less than the current income guidelines for your family size in your state, you would be eligible to file for a Chapter 7 bankruptcy all things being equal. The income used in calculating the Means test is the income for the 6 months before the filing of the bankruptcy petition. This means that if you are filing for bankruptcy protection this month, October 2106, the income that would be used is your income from April 2016 to September 2016. If you are filing next month, November 2016, the income that would be used in the Means Test calculation would be the income from May 2016 to October 2016, etc.

Click on the link below to see the current income guidelines for your state:

https://www.justice.gov/ust/eo/bapcpa/20160501/bci_data/median_income_table.htm

The filling fee for Chapter 7 is $335.00. You may able to waive this filing fee if your income is 150% below the current poverty guidelines. Click here for current poverty guidelines:

http://search.uscourts.gov/search?affiliate=uscourts.gov&locale=en&query=poverty%20guidelines

You must receive budget and credit counseling from an approved credit counseling agency and obtain a Certificate of Credit Counselling to be filed with your bankruptcy case. The agency will review possible options available to you in credit counseling and assist you in reviewing your budget. Different agencies provide the counseling in-person, by telephone, or over the Internet.

It is usually a good idea for you to meet with an attorney before you receive the required credit counseling. Unlike a credit counselor, who cannot give legal advice, an attorney can provide counseling on whether bankruptcy is the best option. If bankruptcy is not the right answer for you, a good attorney will offer a range of other suggestions. The attorney can also provide you with a list of approved credit counseling agencies, or you can check the website for the United States Trustee Program office at http://www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm

After your case is filed, you must complete an approved course in personal finances. This course will take approximately two hours to complete. Your attorney can give you a list of organizations that provide approved courses, or you can check the website for the United States Trustee Program office at http://www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm

Consult a local bankruptcy attorney for further explanations of your rights and responsibilities.

The sites below are good resources for finding bankruptcy attorneys in your area:

http://www.nacba.org/

http://www.consumeradvocates.org

http://www.justia.com/

http://www.lawyers.com/

If you cannot afford an Attorney, then the next best alternative will be to use bankruptcy petition preparer. Bankruptcy petition preparers prepare bankruptcy forms but they cannot give you legal advice because they are not attorneys. You can do a search on Google to find bankruptcy petition preparers.

Goodluck with your case,

Customer: replied 1 month ago.
How do I reply to the execution for possession if I agreed to a FINAL stay of execution. Their attorney says we gave up our rights to ask for more time.
Customer: replied 1 month ago.
How do we know if we are eligible to suspend the execution for possession ?
Expert:  Phillips Esq. replied 1 month ago.

I made my comment based on the information that you have provided re the execution for possession:

"Landlords attorney hasn't filed for execution for possession as of yet. "

However, even if you signed a waiver to contest the execution for possession, you can still file Motion with the Court to extend the time you need to vacate because you have not been able to find any place to live. You need to include in your Motion what you have done to find a place, the web sites that you have visited, apartment hunters and realtors that you have contacted, etc to show that you are making diligent efforts to find another place. You can obtain blank Motion form at the Courthouse in the Clerk's office.

Customer: replied 1 month ago.
What is this motion called? Thank you
Expert:  Phillips Esq. replied 1 month ago.

Motion for Extension of Time.

Customer: replied 1 month ago.
Ct. doesn't have that motion. Just called the civil clerk.
Expert:  Phillips Esq. replied 1 month ago.

Just go to the Clerk's office and ask for blank Motion form. You would need to put the title on the Motion. Every Court in the United States has Motion forms.

A 5-star rating to my response is appreciated so that I can receive proper credit for responding to your post. There is no additional cost to you for giving a 5-star rating.

Thank you for your cooperation.

Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as you opted out your previous contributor.
If you did agree to a FINAL extension, final means final to the court. On that point the attorney is correct. If you try to now apply for another extension of time, the court is forced to abide by that final extension. You can try a motion to modify final judgment and ask for another extension, but you need to be fully aware that once you agreed to that final extension your chances are slim.
Here is the Connecticut Practice Book, which has templates for pleadings at the end of the book, as you would have to create your own motion for filing from the pleadings forms in the appendix as there is no pre-printed form for this type of motion. See: https://www.jud.ct.gov/publications/PracticeBook/PB.pdf
Customer: replied 1 month ago.

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