QUESTION
What can I do to stop the court ordered execution to leave premises in 48 hours now?
Asked on Dec 27th, 2012 on Landlord and Tenant Law - Massachusetts
More details to this question:
I was served letter to appear in court for eviction hearing which I never received and so I missed it. I am currently up to date.
11 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You will most likely need to file a motion to set the judgment aside and stay the eviction order. I suggest that you contact an experienced landlord/tenant attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 08th, 2013 at 4:03 AM
I am unclear, you say you were served with a letter to appear in court. Did you actually go to Court? I think you are saying you were never served with a summons and complaint in the Unlawful Detainer action? (the eviction proceeding) If true, you might be able to rush to court and ask the court to void the judgment for eviction for improper service of process - as the Court did not technically have jurisdiction over you. You should see an attorney today about what might be able to be done.
Answered on Jan 04th, 2013 at 8:04 PM
If you were never served, and are willing to swear to that under oath, under penalty of perjury, you can move to set aside the default and default judgment.
Answered on Jan 04th, 2013 at 7:56 PM
Criminal Defense Attorney serving El Segundo, CA
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Rubin, Inc.
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You have to apply to the court to stay the proceedings and rescind the Writ of Execution.
Answered on Jan 04th, 2013 at 7:50 PM
You would need to apply for an immediate stay of execution. You should consult a landlord/tenant attorney to assist you.
Answered on Jan 04th, 2013 at 7:49 PM
Child Custody Attorney serving Milwaukee, WI
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Zales Law Office
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Move for relief from judgment and then file a jury demand. That may get you two months more or even more than that.
Answered on Jan 04th, 2013 at 3:59 PM
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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There may be a remedy depending on what happened in the time frames involved. You need more information but you'll have to act immediately.
Answered on Jan 03rd, 2013 at 11:24 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You might file a motion with the court stating that the judgment is invalid because you were not properly served - that might work. If you are up to date, your landlord might be willing to let you stay - in that case, the judgment in the case should be vacated.
Answered on Jan 03rd, 2013 at 11:24 AM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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If I understood your question...there was an eviction hearing, but you state that you are current on rent and never received the summons, which does happen from time to time. You have been served with the writ of execution and will have to be out in 48 hours. Your only hope is to file a Rule 60 motion to overturn the judgment in District Court along with an injunction to stop the eviction. You will need the assistance of an attorney for this as it is very complicated.
Answered on Jan 03rd, 2013 at 11:23 AM
This is a dire emergency. You need to contact a lawyer immediately. If you can prove payment of rent, the lawyer may be able to obtain a court order delaying the eviction. But time is of the essence.
Answered on Jan 03rd, 2013 at 11:23 AM
Land Use & Zoning Attorney serving Boston, MA
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Greenbaum, Nagel, Fisher & Paliotti, LLP
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Go to the court and immediately file a motion for a restraining order the ground being that you never received notice of the proceeding until you were served with the execution.
Answered on Jan 03rd, 2013 at 11:11 AM