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-   -   Default judgement (https://www.askmehelpdesk.com/showthread.php?t=275232)

  • Oct 30, 2008, 04:51 AM
    bigredd36
    Default judgement
    How long do I have after a court date to get out fter eviction
  • Oct 30, 2008, 05:22 AM
    excon
    Hello big:

    It depends on your state laws, and how efficient your landlord AND the local sheriff are. If they're VERY efficient, it could be a couple weeks. If they're NOT, it could be a couple months.

    excon
  • Oct 30, 2008, 06:22 AM
    Fr_Chuck

    It will depend why are you being evicted, did someone else buy the home and give you notice, did you not pay the rent, did you sell drugs in the unit?

    At the eviction hearing often it will range from 3 days to 30 days depending on why.

    Also it will depend on the city, and how they do their evictions.
  • Oct 30, 2008, 06:27 AM
    ScottGem

    The actual answer to your question is immediately unless a data is specified. When the judge issues the eviction order it is generally effective immediately, though its possible they may set an effective date depending on the circumstances of the eviction.

    However, for practical purposes, the next step for the landlord is to hire a sheriff to remove you. That may take a while.
  • Oct 30, 2008, 06:44 AM
    rockinmommy

    I don't disagree with any of "the guys"... I just want to point out what's actually happening in the process.

    The landlord receives the default judgement because you didn't show up. (I'm assuming). The time frame that follows is actually how long the tenant has to file an appeal. Once that passes with no appeals being filed THEN the LL can go back to the court and file for a writ of possession. THAT is actually what starts the ball rolling for the sherriff to come escort you off the property and return possession to the landlord.

    Like the guys said, it can vary from days to weeks to, I suppose, even longer. Where I live it's 5 days. The LL can go get the writ of possession on the 6th day. Typically that day of the next day (which would be day 7) the sherriff posts the writ which states that they'll be returning in 24 hours to do the lock-out.

    Did you say where you live?
    If you don't want to risk losing your possessions, etc, I'd start making preparations ASAP.

    ALSO, you can get a copy of your judgement (which should also be mailed to you) and it will state how long the appeal period is that I was talking about above.
  • Oct 30, 2008, 07:33 AM
    ScottGem

    Whoops, I missed the subject line. Yes, if you don't show at the hearing, then there will be a delay before the landlord can get the writ. But if you do show up, the landlord can get the writ right away. You could, at that point file an appeal to stop the writ.
  • Nov 2, 2008, 03:11 PM
    John WA
    It sometimes takes the plaintiff or the lawyer representing the plaintiff several days aftr your "answer date" to remember to prepare a default judgment and take it to the court for signature by the judge.

    So I'd advise you to get on phone first business day and call the court clerk and see if a Judgment has been entered yet... and if not, write out your answer and take it to the court clerk for filing. Your answer doesn't have to have been filed at any certain time (except to stop default judgment from being entered) and if you'll file your Answer immediately the judge will see and consider it, and you'll have your chance to appear and testify in court.

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