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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27230
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I live in Alabama. I have only received a court action in

Customer Question

I live in Alabama. I have only received a court action in the mail. I received no eviction notice but got a text message from my landlord that the Sheriff's Department would be at my house tomorrow to remove my stuff. Is there anything I can do?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 9 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 9 months ago.

The court action which you received.....did it require you to appear or respond? Was it the filing of a complaint for eviction which you were served with?

Customer: replied 9 months ago.
There was no court date for me to appear. It was for default judgment. But I never received anything that used the word eviction or a court date.
Expert:  RealEstateAnswer replied 9 months ago.

Thank you. Yes, at this time, a party who is in your position, would need to go to the court house and file a motion to vacate the default judgment that was entered. It was entered because you failed to appear and respond but if you are sharing that you never received anything placing you on notice, then service was improper and the default should not have been entered. As such, you can ask the Judge to vacate the default and allow this to be decided on the merits, which would prevent the Sheriff or anyone from showing up and removing you and your personal items. In addition, all orders signed by the court should have been sent as well to you, as this text messages is not a proper form of notice. It sounds as though you have a strong legal basis to vacate this and stop the eviction, until this can be heard.

Expert:  RealEstateAnswer replied 9 months ago.

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Expert:  RealEstateAnswer replied 9 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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