buie1978
Jan 14, 2014, 03:01 AM
On Friday my tenant went to file something at Federal Court which is now not allowing me to get a writ of possession I am not exactly sure what to do at this point. Please advise me on what procedures you are discovering that is helping this process. Right now I know that I am at a disadvantage in not sure exactly which route to go.
Thanks in advance.
>Referencing post< https://www.askmehelpdesk.com/real-estate-law/evicting-tenant-has-appealed-780931.html
ScottGem
Jan 14, 2014, 05:42 AM
First its not a good idea to piggyback your question on another thread. So to avoid confusion I've moved your post to its own thread.
Second, Any question on law needs to include your general locale as laws vary by area.
However, if you read the responses to Brock's post, they should apply to you. Federal court should not have jurisdiction in landlord/tenant matters, so its likely the Federal court will reject what was filed. But you still need to find out what that was. The court where you filed for the eviction order should give you the docket and court info so you can get a copy of the filing. Until you know the nature of the case, you can't proceed. Once you know, you can then file a counter motion, probably requesting an immediate denial based on lack of jurisdiction.
So once you find that report back and we can advise further.