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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116716
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We r waitting sheriff to come lock us out, after a judgment

Customer Question

we r waitting for the sheriff to come lock us out, after a judgment that was done inproperly was served on us. our 9 yr. old is sound asleep we have nowhere to go. not to mention we had to spend money we dont have on a storage shed to put our stuff and a truck that left us with alot of our stuff still in our apt we filed an appeal. and the judge took one of our 5 day lock out days away leaving us 4 days and we were told by parealegal we would get 3 more wks at least to stay well they set a hearring date for the fourth of dec. but the judge gave us his answer alerady the same day. and now the sheriff called and said they are comming out to lock us out. please help us i can come up with some money to pay you. freeking out have child thank you
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year 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.
I am sorry to hear that this is happening, but if this judgment was as you say done improperly, then you need to go to court immediately this morning and file a "motion for stay of execution of judgment" and notice of appeal and get the court to stop the eviction and appeal the last decision you obtained and the appeals court will surely vacate the judgment if it were improperly done.
You need to get a new motion to stay filed and a new appeal filed of this improper judgment, that is all you can do at this point and your only hope. I do not know why the paralegal told you that you would get 3 weeks, when most times the most I have ever seen the court give is 14 days (and that was to a disabled elderly woman with no family to assist her)
At this point though, the ex parte emergency motion for stay of execution of judgment is all you can get filed and you need to get this paralegal this morning to file it at the court before the sheriff arrives.

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