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We got a twenty-four-hour notice to vacate. We are trying to…

Customer Question
We got a twenty-four-hour...

We got a twenty-four-hour notice to vacate. We are trying to stop the sheriff vacate. We gave the sheriff office several days ago a notice of filing appeal and the court order appeal.Today I filed a notice of motion and affidavit of support motion to stay pending appeal. I am filing currently a motion in the court of appeal to stay also. what can we do stop the sheriff legally? My notice of appeal was filed on 09/14 and written of the premise was an issue on 09/22. The sheriff is asking for a court order stay but the min status covers statutes

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Minnesota

Lawyer's Assistant: Has anything been filed or reported?

Yes

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 6 hours by:
9/29/2017
Lawyer: Lucy, Esq., Attorney replied 8 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32,264
Experience: Attorney
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

When you say that you gave the officer the "court order appeal," are you referring to the certificate of appeal? If not, do you have a certificate from the judge stating that the appeal is allowed?

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Customer reply replied 8 months ago
State of minnesota in court of appeals order
Customer reply replied 8 months ago
I gave the sheriff office on monday accepted filing, they took my appeal on the day the judgement was enter.9/14. The writ of premise was suppose to be on 21 but judge did not issue it until 9/25 after 4:30, it was not enter in the system until 9/25
Lawyer: Lucy, Esq., Attorney replied 8 months ago

I understand that, but did you get a document called the Certificate of Appeal from the judge? That's usually what a person would show the sheriff to delay an eviction.

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Customer reply replied 8 months ago
Appeal was accepted before the writ was issue. The judge told me i didnt file motion correctly. I resubmitted motion to stay with a court hearing for 10/13. I read the minnesota statue to the sheriff and i am filing a motion for stay with the court of appeal. Can you please tell me what i can do? I wrote the judge and court administrator this morning.
Customer reply replied 8 months ago
mam he still didnt care
Customer reply replied 8 months ago
I did it in advance to prevent 24 hour notice to vacate.
Lawyer: Lucy, Esq., Attorney replied 8 months ago

You've done everything you're supposed to do. The law says they cannot evict you. The sheriff should not be coming to your house.

You can try calling and talking to a superior, explaining that you already got the stay and you don't know why they're still coming. Or you can try seeing if you can get a landlord/tenant lawyer to meet you at the house and speak to the sheriff on your behalf when they show up.

If the landlord sought the writ after you got the stay, you can also sue them for any damages they caused you as a result of ignoring the stay order.

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