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CALawyer, Lawyer (JD)
Category: Legal
Satisfied Customers: 1655
Experience:  Graduated Magna Cum Laude (Law School), Graduated Undergraduate at 19 Years of Age.
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How do I get the court to delay a Writ of Possession

Resolved Question:

How do I get the court to delay a Writ of Possession temporarily?
Submitted: 9 years ago.
Category: Legal
Expert:  CALawyer replied 9 years ago.
Was the writ of possession already issued by the Court?
Customer: replied 9 years ago.
Reply to CALawyer's Post: Not sure, the fax my boss received states:

"This is a notice that my client intends to proceed further with the entry of an immediate Writ of Possession following the entry of a Final Judgment based upon your default following the five business days's notice required under the stipulation."
Customer: replied 9 years ago.
I am confused by the answer ...
Expert:  CALawyer replied 9 years ago.
I didn't provide an answer yet.

I am still researching some information.

Could you provide me with the names of the parties to the lawsuit if there is a lawsuit in place?
Customer: replied 9 years ago.
P: Bonavista Holdings, Inc./Amco Properties

D: Wayne Jenkins, TSI Group, Inc. Total Mortgage protection, LLC

Court case #*****: Palm Beach County, FL 50-2007 CC016542 & 50-2007 CC 016539
Expert:  CALawyer replied 9 years ago.
A writ of possession already issued in this case on January 8, 2008.

There are three things that could be done to try to stop it. The first would be if you could reach an agreement with Bonavista and stipulate to vacate the writ of possession. The second would be if a third party is in possession of the property and has a right to possession, they could file an affidavit with the sheriff saying so. The third would be to hire an attorney to file an emergency motion to stay and quash the writ of possession. The third option might be available if the default judgment in the case could be set aside, but you would need to talk to an attorney in your area about the chances of that.

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