I was served a notice to vacate by the sheriff which is due today. I went to court to plead a hardship on moving my belongings and wait until the end of the month when I get my pension check to pay for moving costs. I called the attorney twice as well as my landlord but they are not returning my calls. The judge said he could not hear my case without the plaintiff attorney present. What can I do to leave my belongings until the end of the month? I'm reading there are more steps the landlord has to take to remove me or is the 5 day to vacate enough. The sheriff have not shown up yet.
After the date of the notice the sheriff may show up a physically remove you and the locks will be changed. They will not empty the apartment out but they will give you a little bit of time (think minutes not hours) to get important stuff out. Unfortunately the court system is hostile to people in your position at this point because they say that you have been given a lot of time so far and you know this is coming so you should not be allowed to delay things any more. Good luck.
Please consult or retain a lawyer for your particular issue.
The Sheriff's Notice to Vacate is the end of the line. You may be misinterpreting what you're reading, because the chances you had to delay the eviction have all passed by now. The sheriff's deputy will order you out and change the locks. You will not be allowed to leave your belongings there until the end of the month, but you will be allowed one or two opportunities, on appointment, to retrieve your belongings.
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That is very hard to tell with the limited facts that you have provided and without knowing what happened or what the next step is. . You really should consult with that lawyer. I realize that lawyers are an expense and sometimes more than people want to pay or can easily afford. However, you are about to be evicted. Then what. lawyer If you cannot afford a lawyer see what the bar association can recommend or the local law school or legal aid.
I'm not sure where in the process you are, but If the landlord wins the eviction case, the magistrate judge will award the landlord a "Judgment for Possession." This is a court order stating the landlord is entitled to possession of the property and that the tenant has to vacate. If you lose, you will have 10 days to appeal. If you appeal, you must give the landlord notice that you are appealing. If you do not appeal the decision, or if you lose, then you have to vacate at the end of 10 days. If you don't vacate, then the landlord can ask the Clerk of the Court to enforce the judgment by issuing a "Writ of Possession." Within 5 days of receipt, the Sheriff must execute the Writ of Possession. Within 7 days of execution of the Writ, the Sheriff will padlock the property. You will then have 7 days to remove all personal property, or else the landlord may dispose of it.
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