I am being evicted with even getting to have my day in court. issued a writ of possession, i motioned a to stay proceeding before being served and got served the nxt day. doesnt my motion put a hold on the writ of possession?
A writ of possession is issued after a final judgment is entered. The judgment is entered after an eviction suit is filed and you sre served with it.
Service of an eviction suit doesn't have to be made in person; the summons and suit can be left at the door.
If you are going to claim you were not served, you should hire an attorney to help you.
If your motion is simply asking for more time to move, regardless of the reason, forget it. Just move now before the deputy sheriff escorts you off the property.
Just because I answer your question does not mean that I am your lawyer, or that you should take action based on my answer. I am not your lawyer. I can give you my best guess based on the facts as you present them in your question. Any questions that I ask in my response are rhetorical, which means that I do not want you to answer my questions.
One would have to review the pleading file. What's more, this basic Q and A blog is not designed or intended as a "how to litigate" blog for those unwise enough to try and litigate on their own without lawyer. Giving out legal advice about pending litigation without reviewing the pleading file, or investigating the facts, could result in professional liability. I am GUESSING here that by "not getting your day in court," you mean you were evicted for failing to pay rent, and then you failing put the rent in the Court Registry? (if that is what happened, you are NOT ENTITLED to a day in court - no matter WHAT your explanation or argument is for not paying). You simply MUST deposit all past due rent in the Court registry within 5 days of service, or you automatically LOSE, and you can't make ANY argument to the court. Of course, that is just a GUESS as to what happened here. Your best bet is retain counsel to try review, and if appropriate, argue your "motion," or perhaps better yet, just vacate before the sheriff arrives and the Landlord tosses your stuff in the street. Hope this helps. Good luck! gsg
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Assuming the eviction is for a rent payment default, you don't get a hearing unless you post the disputed rent into the registry of the court. Get an attorney involved ASAP as Florida's residential landlord statute is quite nuanced.
This is what you get for playing lawyer in court. Under Fla. Stat. 51.011 - there is no such motion as a response to an eviction complaint - so you likely outsmarted yourself and defaulted.
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