[novie]

Today the judge entered a writ of possession in my unlawful deteaner case. I plan on filing an appeal because the plaintiff did not come to court, and a lot of other good reasons. I would like to know while the appeal is pending can I leave my belongings in the home or do I have to remove everything while appeals pending. Also I would like to know can I file a petition for stay of execution pending appeal? If so can I get a sample of how to do so.

[ScottGem]

As soon as the appeal is filed, any order to vacate by a lower court is put on hold pending the result of the appeal.

I'm curious as to why you are losing your home, An unlawful detainer is usually used to order a TENANT to vacate, not a homeowner. Who is suing you? Who is the plaintiff? What grounds did he have to taking your home from you?

[excon]

Hello n:

I'd write the judge a letter stating exactly what you did here. I'd send my letter certified, return receipt requested, and I'd hand deliver a copy to the clerk of court. I'd mail another copy to the plaintiff or his attorney. Ask the judge to consider your letter to be a motion.

excon

[Fr_Chuck]

Of course if you wait too long to file, the current court order is in effect.