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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 19640
Experience:  B.A.; M.B.A.; J.D.
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Is there a way to extend the final notice of eviction?

Customer Question

Is there a way to extend the final notice of eviction?
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  S. Kincaid replied 2 months ago.
In what state and which precise notice are you referring to?
Customer: replied 2 months ago.
Florida
Expert:  Phillips Esq. replied 2 months ago.

Hello: This isCustomer Welcome to Justanswer! I will be further assisting you with your post.

Expert:  Phillips Esq. replied 2 months ago.

Is this a Court Judgment of Eviction?

Customer: replied 2 months ago.
it is a court judgement at this point.
Customer: replied 2 months ago.
Is there a way to postpone it? If so how long?
Expert:  Phillips Esq. replied 2 months ago.

Thank you for the information.

You need to file Motion to Stay the Execution of the Judgment and give the Court your reasons. There is no specific time for the stay. It would be up to the Court based on the facts of each case. You can obtain blank Motion forms at the Courthouse in the Clerk's office.

Best wishes,

Customer: replied 2 months ago.
How long after judgement is entered that writ is served?
Expert:  Phillips Esq. replied 2 months ago.

I am sorry, but I do not understand what you are referring to. Kindly clarify.

Thank you for your cooperation.

Customer: replied 2 months ago.
How long after the judge enters the final judgement that the sheriff will come out and serve writ of possession? Will I have an opportunity to file motion or appeal?
Expert:  Phillips Esq. replied 2 months ago.

How long after the judge enters the final judgement that the sheriff will come out and serve writ of possession?

Response 1: Writ of Possession is usually issued within two days from the Judgment and given to the Sheriff. Once Sheriff receives the Writ, a 24-hour notice is given to the Tenant to vacate the premises. The timing of the service of the notice would depend on the Landlord.

Will I have an opportunity to file motion or appeal?

Response 2: You need to file the Motion immediately because your Landlord can obtain Writ of Possession quickly to provide to the Sheriff to serve you. So, you must act very quickly as as soon as you receive the Judgment of Eviction. If you have issues with the eviction, you have to Motion to Vacate the Judgment and also Motion to Stay the Execution of the Eviction case. You can obtain the forms to file these Motions at the Courthouse in the Clerk's office.