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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116705
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was served with a notice of eviction and went to a

Customer Question

I was served with a notice of eviction and went to a hearing. At the initial hearing a trial date was set. I appeared for the trial date and was told the trial had been cancelled. Yesterday I was served with a writ of recovery. I am planning to file and appeal but since this was served on me late yesterday after closing of the courts it will have to wait until monday. So I am wondering what my legal rights are concering my things as I supposedly only have 24 hours to comply.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Minnesota
JA: Has anything been filed or reported?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You have a right to a reasonable time to remove your things from your rental property and they cannot hold your property. They also cannot obtain a judgment against you without your right to a trial, so seeking to remove you from the premises with a writ of recovery when no judgment was issued because trial was continued and no trial was held is improper as well. So you need to file a motion to stay writ of recovery based on the fact trial was postponed and no trial was held and seek to get the court to stop the writ of recovery and hold a trial pursuant to your due process rights to such a trial.
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