In an eviction, my friend last knew about the Request for a Continuance that she filed a week ago, then got a paper a week later that says (in part) "The Plaintiff(Landlord) recovered Judgment against you for immediate possession of the premises named in the complaint and occupied by you. You are therefore given the following notice .... You may be evicted from the premises named in the complaint and occupied by you after 5 days from the date of judgment shown above. (Any intervening Sunday or legal holiday is not included in counting the 5 day period .... Judicial Notice (JDNO) was sent regarding this order.)" But sent HOW? What are the rules/procedure? Does a Marshall have to give it to her in hand, or even shove it by her door, as I know happens? Does it get mailed via the USPS, regular or signature required? By e-mail/text message? Or how? So except for having heard from a helpful clerk, how IS a tenant supposed to know that they will be homeless in --as it stands tonight-- 6 calendar days (nearly 3 weeks before her children finish school for the year)?!
The notice indicating judgment entered would be sent by the clerk via US mail. If your friend does not vacate, the landlord can then seek an execution from the court. Once the court issues that execution, which may take a day or two or maybe longer, the landlord then gives that execution to a marshal to serve. The marshal has to first notify the chief executive of the town and arrange for a truck to remove your friend's personal belongings. The notice must be served at least 24 hours before the actual eviction will occur, but in many cases it can be longer depending on the town the property is located in.
If your friend believes s/he has a valid defense, then an attorney should be contacted immediately.
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