Landlord received a judgment for eviction. I had filed bankruptcy after they received the judgment . Is there anyway to stop the eviction at this point? I do not have the money to pay the back rent that is due?
The way to stop an eviction is to pay back rent. Here is some information that you might find helpful:
The information provided herein is general information only and not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation
Unfortunately, the bankruptcy may serve only to prevent the creditor/landlord from collecting what you owe him. But this does not preclude regaining possession of the property.
This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.
No, bankruptcy will not save you from the eviction process. However, eviction will not occur right away. The writ of possession must be issued by the court and delivered to the Sheriff, who then schedules the eviction date with the landlord. Montgomery County is backed up for evictions, so you've likely got up to two months. nothing will happen before the Sheriff comes by and posts a written notice on your door stating that the property is subject to eviction "at any time after" the posting--but that usually means you have several weeks after that date. Unfortunately, they will not tell you when the scheduled date will be, and there is no use asking. They hope the fear of sudden eviction causes people to move out on their own rather than wait to have all their possessions put on the curb. Most evictions work out this way, by the tenants moving out on their own. The Sheriff's department has a page with some more information on this process, here: http://mcsheriff.com/eviction-section/
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