Thank you for your reply. Sorry for the misunderstanding, but the last thing you typed was:
"I was in the process of appealing to the court of appeal prior motion to stay the judge stated I didn't file them correctly and I need an attorney. the last motion he didn't make a ruling it was the same day the sheriff serve me papers
" Sorry for the misunderstanding. First, MN Statute 504B.301 is the statute in question. In general in Section 4, it says that an appeal is automatic as part of filing an appeal. HOWEVER, there are some exceptions. The exception to the automatic stay on appeal is as follows: Subd. 7.Exception. Subdivisions 1, 4, and 6 do not apply in an action on a lease, against a tenant holding over after the expiration of the term of the lease, or a termination of the lease by a notice to quit, if the plaintiff gives a bond conditioned to pay all costs and damages if on the appeal the judgment of restitution is reversed and a new trial ordered. In such a case, the court shall issue a writ for recovery of premises and order to vacate notwithstanding the notice of appeal, as if no appeal had been taken, and the appellate court shall issue all needful writs and processes to carry out any judgment which may be rendered in the court
. So, the court has to rule on your appeal stay and if they do not do so the sheriff is correct only if you DID NOT POST A BOND. If you posted a bond, then you are entitled to the stay according to the statute. However, if they evicted you and you win on appeal, you would be entitled to not only an order allowing you to move back, but a monetary award against the landlord can also be awarded to you.
You need to get your appeal filed and you need to explain in your appeal why the eviction order is not appropriate and should not have been granted, that is all you can do about this situation now that the court has ruled.
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