Can a tenant stop a sheriff lockout, if the writ of possession has been served?

Asked almost 3 years ago - Modesto, CA

I have filed an unlawful detainer, there was no response, I filed a default judgement by clerk, a writ of execution for possession, filed with the sheriff to do a lockout, received my time and date for the lockout (next tues. at 1:25pm (today is Friday)). The tenant now calls me and says that she is filing for an extension of time and that the courts have asked her to call me and let me know because I do not live in California, where the property is. What could she be filing? She said she has to go before a judge and that the phone call to me was all she needed to advise me that she is filing for an extension and that is good enough for the service. I called the sheriffs dept. and they said that the lockout is still on and that they would need a court order to stop it.

Attorney answers (2)

  1. Kevin Samuel Sullivan


    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . she is trying to get you to tell the sheriff to stop the eviction. she can seek a stay from the court for a week but you should insist that the tenant post the rent for that week.

  2. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . There is no such thing as applying for an "extension". She could possibly either be filing an ex parte application in the state court which granted the writ of possession -or- she could be filing a petition for bankruptcy. However, neither of these will successfully stop the sheriff from completing the lockout.

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more

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