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What is creteria for filing a motion to stay hardshipan

Customer Question
What is creteria for...

What is creteria for filing a motion to stay hardshipan eviction in Maryland Sherrif served order yesterday

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

No

Lawyer's Assistant: Have you talked to a MD lawyer about this?

No

Submitted: 6 months ago.Category: Landlord-Tenant
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Answered in 37 minutes by:
12/27/2017
Lawyer: DamienJD, Attorney replied 6 months ago
DamienJD
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Lawyer: DamienJD, Attorney replied 6 months ago

Yes. You could file a motion to stay. The Motion for a Stay of Execution is only granted when a judge feels a showing of extreme hardship exists (ex; would become homeless). The motion is proper to use only after your landlord wins the unlawful detainer (eviction) case against you, and you want to delay your eviction. Therefore, you should only use this packet if you have already filed an answer, lost at trial, received a Sheriff's Notice to Vacate, and you need more time to move out because of an extreme hardship.

You must file this motion immediately to allow time for the Judge to read and sign the order, and for you to have your landlord and the sheriff served. If there is not enough time then you could try to ask the court to expedite the procedure, however, that is at the discretion of the judge. If the judge does not view the motion before the eviction date then you have very little recourse as the sheriff will proceed with the eviction on the scheduled date.

If you need further assistance, just let me know.

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Lawyer: DamienJD, Attorney replied 6 months ago

Hello again:

Do you have further questions? I know you are in a difficult situation and I am willing to continue to discuss it. If though, you are satisfied with the services I provided to you, please provide a positive rating between 3 and 5 stars at no additional charge to you so I can get paid for helping you. Again, if you have a follow-up question, just let me know. Best regards.

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