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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Can you tell me if I can stay an eviction notice that will

Customer Question

Can you tell me if I can stay an eviction notice that will have the sheriff here at 6am on Monday, 5/2/16? This is following a foreclosure sale. thanks
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,Thank you for using our forum. My name is ***** ***** I hope that I can assist you today.You cannot realistically get a stay on a court ordered eviction that is going to be executed by the Sheriff this upcoming Monday at 6 a.m. (the courts will not be open anytime between now and the time of the eviction).Even if there was time (for example if the eviction had been scheduled for Tuesday), you would be unlikely to get a stay - courts rarely grant stays on evictions and the occupants must show extreme circumstances or conditions to warrant a stay.You can try contacting the new owner to try to get an agreement or stipulation to remain in the property, but unfortunately you do not have a lot of leverage to work with here - they are going to get the property on Monday morning as it stands now, if they make a deal with you, they are going to place their eviction in jeapordy (by delaying the sheriff's execution of the eviction it makes it harder for them to use it at a later time, and they may fear that they will have to go back to court and start all over - not all occupants follow through with their agreements).Given the nature of your situation (you have 2 days prior to the eviction date and the courts are closed from now until after the eviction deadline), your best course of action is going to be attempting to remove all of your personal items (even if it means placing them all in storage or with a friend or family member) prior to that deadline. Failing to remove your items will subject you to a sheriff's eviction where you are forced from the property and the owner will have movers or laborers remove your property and place it on the curb (where you are liable for all risk of loss due to theft or damage by the weather).I do wish I had better news for you, but I want to provide you with a clear and direct answer to your question so that you can proceed accordingly.
Customer: replied 1 year ago.
Not want I wanted to hear, but...Thanks
Expert:  CalAttorney2 replied 1 year ago.
You are welcome, and I do wish you the best with this matter.Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.Thank you again, and again I wish you the best.Bill