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    cbordx's Avatar
    cbordx Posts: 4, Reputation: 1
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    #1

    May 2, 2013, 03:41 PM
    Horry county sc eviction law
    I was served with a 10 day eviction notice from court.. I made payment arrangements with my landlord for payments... she accepted payments.. 4 weeks later I was served with 24 hr eviction out of blue... sheriff did not procecute the eviction the next day... is this eviction still valid and still be procecuted two days after the notice even after payments have been accepted with receipt verification. Or does the process need to be started over.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    May 2, 2013, 04:40 PM
    was served with a 10 day eviction notice from court
    ..

    What did this notice say? That you had 10 days to move out, or that an eviction hearing would be in 10 days? Usually a hearing is scheduled to see if the landlord has a right to evict.

    I made payment arrangements with my landlord for payments... she accepted payments..
    Did she promise anything? Did she say that if you made the payments you would not be evicted?

    4 weeks later I was served with 24 hr eviction out of blue... sheriff did not procecute the eviction the next day... is this eviction still valid and still be procecuted two days after the notice even after payments have been accepted with receipt verification. Or does the process need to be started over.
    Yes, it's still valid. Perhaps the sheriff got busy on the next day trying to catch criminals and didn't have time to eject you (prosecute the eviction). Consider yourself lucky to get the extra time.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    May 2, 2013, 05:34 PM
    If, in fact, a court issued an eviction order, but the landlord didn't hire a sheriff, there may be an expiration date to the order. Do you have a copy of it? You can check with the court to see if and when it expired.
    cbordx's Avatar
    cbordx Posts: 4, Reputation: 1
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    #4

    May 3, 2013, 06:06 AM
    Quote Originally Posted by ScottGem View Post
    If, in fact, a court issued an eviction order, but the landlord didn't hire a sheriff, there may be an expiration date to the order. Do you have a copy of it? You can check with the court to see if and when it expired.
    thank you... I will check... that's really what I was counting on... I def no longer wish to do business with this land lord... I own my mobile home and I'm going to move it asap.. was just hoping it expired after the next day to buy more time to not have leave out my home before moving it... but I know my luck... they prob will be here today... lol
    cbordx's Avatar
    cbordx Posts: 4, Reputation: 1
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    #5

    May 3, 2013, 06:35 AM
    Quote Originally Posted by AK lawyer View Post
    ..

    What did this notice say? That you had 10 days to move out, or that an eviction hearing would be in 10 days? Usually a hearing is scheduled to see if the landlord has a right to evict.
    Sheriff said 10 days unless i worked out with land lord. Which i did and she accepted 500 from me over last 3 weeks. Which my back lot rent was 300 that suddenly became 1100 after she raised the rent and implemented her late fees... what it is she just inherited the mobile park due to parents fallin ill and she seein dollar signs and doesn know how to run a business. I no longer wish to have my home on her property after all this. I just was hopin that since it wasn enforced in 24 hours if it expired to buy myself little more time to move my trailer without havin to leave it and only be allowed outside to move it


    Did she promise anything? Did she say that if you made the payments you would not be evicted? Yes i gave her payments and eviction was called off during the 10 day period and we never went to hearin. So i called magistrates office after receiving 24 hour writ and they said i should have requested a hearing and beings i didn that its between me and landlord now.. like i said even though we had a agreement and she took my money and everything was supposed to be fine... but like i said im moving my home anyway just was hopin it expired and she would have to start the process over just to buy more time without having to leave my home and come back and forth to work on it to get ready for move



    Yes, it's still valid. Perhaps the sheriff got busy on the next day trying to catch criminals and didn't have time to eject you (prosecute the eviction). Consider yourself lucky to get the extra time.
    yea that's what I figured.. thank u
    cbordx's Avatar
    cbordx Posts: 4, Reputation: 1
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    #6

    May 3, 2013, 06:48 AM
    Quote Originally Posted by cbordx View Post
    yea thats what i figured.. thank u
    Any idea of when it expires if not enforced
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    May 3, 2013, 04:30 PM
    Quote Originally Posted by cbordx View Post
    Any idea of when it expires if not enforced
    Probably never.

    Move to quash the writ.

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