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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37003
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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can i stop an eviction

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can i stop an eviction
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Where are you in the eviction process?
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Have you been served a notice to pay?
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Have you been to court with the landlord being awarded a judgment against you for possession?
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How many months behind are you?
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Do you have any money to offer the landlord?
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Thanks.

Barrister

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Customer: replied 4 years ago.


I just got served papers to appear. I think they were called a writ.


I have not been to court yet because a date has not been sent to me.


I am about one month behind.


yes I do

Customer: replied 4 years ago.


I was just givin a writ


The paper I was givin didn't have any money amount on it


No I haven't been to court yet


I am 1 month behind


yes I do and have just sent him some


 

Ok, if you were just served with a writ, then the notice to pay rent must have expired already.
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At this point, the writ will have a time in the first paragraph for you return the writ. If you want a hearing to challenge the eviction or to ask for more time, you must ask for a hearing before the return date. If you don't ask for a hearing, then the landlord can get a writ of possession and evict you 3 days after the return date.
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You ask for a hearing by filing an appearance form before the return date. It is a simple form that you get from the court. You need to fill out the appearance form, leave it with the clerk, and send a copy to the landlord or the landlord’s attorney.

After you file your appearance, you will receive a notice in the mail telling you the date of your hearing, which will usually be within the next 10 days.

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In all evictions, the court has the authority to grant a stay of up to 90 days, during which time the Writ of Possession is “stayed” (delayed) by the court. The judge may grant all, none, or part of the 90 days allowed by law. You must pay rent weekly in advance during the stay period. If you miss a payment, the landlord can immediately go back to the court and obtain a Writ of Possession.

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You should request a stay prior to the end of the hearing. The judge will consider how difficult it will be for you to move, whether your children will have to change schools, your ability to pay rent during the stay, whether you have a date for moving, and how a delay will hurt the landlord. If the court grants a stay, at the end of the stay period the landlord still must serve you with a Writ of Possession.


So at this point, the only way to keep this from going to court is to talk to the landlord and see if they would accept a partial payment and dismiss the case. If you can pay in full, then the landlord will likely agree to it. If not, then it may be harder to get them to agree to accept. If you can get the full amount together by the court date, he may also agree to accept it rather than evict and try to find a new tenant in the middle of winter.
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Thanks.

Barrister

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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