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teddyjade · Aug 18, 2006, 12:35 PM

My bankruptcy case has been rejected, and on Aug. 22nd at the hearing for relief from stay the landlord will obviously prevail... the unlawful detainer case went as far as the Notice to Vacate, the day before the Sheriff was to lock me out. When the landlord finds out this Tuesday my case was dismissed, will I have only 1 or 2 days to get out before the lockout or do they have to get a new court date in Superior Court to issue the Writ of Execution again?

RickJ · Aug 18, 2006, 12:44 PM

It is likely that all he will have to do is refile for the set out. In my state that gives the resident 5 days after the tag on the door... so IF he files for the notice and setout on the 22nd and the notice shows up on your door the 23rd, you'd have 5 days (if that period is the same in your state).

If the bottom line is that you can't come up with what you owe, I'd be making plans immediately - so you don't have all your stuff set out by the curb.

To be sure on the notice period before set-out, check your state law from here: https://www.askmehelpdesk.com/real-e...ion-25845.html

If you can't find it, tell us what state you're in, we'll give you a hand.

Cvillecpm · Aug 19, 2006, 06:10 AM

Actually, the landlord/attorney can file to remove the stay and the court will so notify the sheriff and you will be back to their removing you NOT back to square one as has been suggested.

FYI - a "stay" in BK is just that... it is NOT a "get out of eviction" card... it disrupts the process at the point it is filed and once it is lifted, the process continues.

RickJ · Aug 19, 2006, 06:18 AM

Originally Posted by Cvillecpm

...NOT back to square one as has been suggested.

I must have been misunderstood. I agree with Cvillecpm. It will not have to go back to the beginning. The only thing that will need refiled is the last step of the set out order. I doubt very much that they could set you out on the 23rd or 24th, but I would not be surprised to find that they could do it by the end of the month or so.

Did you have a notice stuck on your door giving you a number of days to get out before the Bailiff was to show up? If so, whatever that number of days is is likely the number of days you'll have after the 22nd.

Cvillecpm · Aug 19, 2006, 11:30 AM

Most states allow 72 hours from the original posting by the court personnel... this is a revenue enhancement process so if it has to be rescheduled, there may well be an additional cost which the tenant/defendant would be charged.

RickJ · Aug 19, 2006, 03:41 PM

Originally Posted by Cvillecpm

Most states allow 72 hours from the original posting by the court personnel....this is a revenue enhancement process so if it has to be rescheduled, there may well be an additional cost which the tenant/defendant would be charged.

I cannot agree with this unless I see it in writing. The notice period varies from state to state.

How many days notice did you get the first time, teddy?