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    tj30's Avatar
    tj30 Posts: 1, Reputation: 1
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    #1

    Dec 23, 2013, 06:50 PM
    Can file some kind of legal motion to stop a Writ of Possession?
    A Writ of Possession was filed against my mom's home; however, landlord says her lawyer did not comply w/ Consent Agreement allowing a 30-day ext to remain in the home if provide proof of a rental/sale contract on another home. Lawyer says he did provide, but he did not! The lawyer has dropped ball in other issues. B/C lawyer did not reply by 30 NOV, landlord says Writ has been "Requested." At present, Marshal's can show up at anytime once appears on their docket to serve eviction. That could happen this week or by JAN 2nd. But can I file (as POA for my mom) a motion in court to stop a Writ of Possession that's already been requested, A TRO, Bankruptcy or anything to stop that process? Then come back later and file a bar complaint against her lawyer? Went back to lawyer for help, he said on Friday he would ask a Judge for delay if we were to secure a lease agreement on another home by today. We did that and submitted lease to him this am. Lawyer reneged on going before a Judge but says, 'Dont worry, I can get you a delay to move out of current home until Jan 20th.' How can the home owner challenge the Writ on his own, w/o a lawyer at this point, if at all? I'm sure we've passed the appeals stage. Thank you.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Dec 23, 2013, 07:06 PM
    Unless your mother is incapacitated, there is no reason she can't file for herself. What needs to be filed is a stay against the writ of possession on the grounds that she has procured other lodgings that are not ready yet.

    Why is she being evicted? If its because of non-payment it would go a long way if she can pay the rent until when the new place is ready.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Dec 24, 2013, 08:14 AM
    ... But can I file (as POA for my mom) a motion in court ...
    No. A "power of attorney" doesn't make you an attorney at law. You would be, instead, an "attorney in fact". But it doesn't allow you to go to court for someone else; otherwise anyone could practice law.
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