Writ of Possesion (foreclosure, renter, eviction)

[happy211]

Can I appeal a Writ of Possesion? How do I go about doing it?

[arbyunc]

It may be too late. The writ is sort of the last step in an eviction, and it authorizes law enforcement to forcibly remove people/belongings. The time for appeal is before the writ is issued. You should have received an eviction notice informing you that you have x number of days to protest before the writ will be issued. If the writ has already been issued, then I'm afraid you're opportunity to protest has passed. Of course, you should seek the advice of an attorney on this if you think you've been "wronged" in some way.

[needhelp1236]

my landlord got the writ of possesion on Friday.. but landlord let us come back and stay at the home. only money due to him now are just the fee's. today Monday he telling us we have to be on in 2 days.. Do we have any rights. Does anyone know who I need to call at the court house.. I need help..I had surgery and Im not alllow to be out of bed landlord know this.. so what do I need to do from here?
thanks so much

[faabala]

Seek the advise of an good lawyer. Here is some more info.

Renters in Foreclosure: What Are Their Rights? | Nolo.com

[spankys bbq]

The appeal window has passed and there is nothing you can do about it. The writ of possession is the legal tool a landlord has to use to remove you from the premises after the eviction has happened and the 10 days to appeal the eviction has passed.

The biggest question I would have here is did you pay the landlord the money you owed him/her? The answer you give can change everything.

[netbrad]

Originally Posted by spankys bbq

The appeal window has passed and there is nothing you can do about it. The writ of possession is the legal tool a landlord has to use to remove you from the premises after the eviction has happened and the 10 days to appeal the eviction has passed.

The biggest question I would have here is did you pay the landlord the money you owed him/her? The answer you give can change everything.

Even if he/she paid the past due rent the landlord still has the right to evict. Once the eviction process starts simply "paying up" doesn't erase the fact that a renter was delinquent.

[spankys bbq]

My comment was also based on the assumption that past due rent was the reason for filing eviction. If it was something else, then all bets are off. If the landlord accepts rent, then the eviction is over (for overdue rent). If it was a cure or quit for a violation like a pet or damage, then paying rent won't change anything since that wasn't the breach.

You go to court and tell the magistrate you accepted rent, the complaint is immediately dismissed 99% of the time. And in some cases, only a partial payment will cause that. I've been in those three court rooms more times than I care to count and have seen decisions made that blow my mind. There is usually one or two like that each time I am there.