Stay after Eviction Order (by LadyLL [MA]) Mar 11, 2012 11:42 AM
Stay after Eviction Order (by Moshe [CA]) Mar 11, 2012 12:05 PM
Stay after Eviction Order (by Dan [MA]) Mar 11, 2012 1:07 PM
Stay after Eviction Order (by Jeff [CO]) Mar 11, 2012 1:30 PM
Stay after Eviction Order (by Jeff [CO]) Mar 11, 2012 1:31 PM
Stay after Eviction Order (by LadyLL [MA]) Mar 11, 2012 1:36 PM
Stay after Eviction Order (by LadyLL [MA]) Mar 11, 2012 1:38 PM
Stay after Eviction Order (by Moshe [CA]) Mar 11, 2012 2:19 PM
Stay after Eviction Order (by LadyLL [MA]) Mar 11, 2012 3:07 PM
Stay after Eviction Order (by LadyLL [MA]) Mar 11, 2012 3:07 PM
Stay after Eviction Order (by LadyLL [MA]) Mar 11, 2012 3:43 PM
Stay after Eviction Order (by Moshe [CA]) Mar 11, 2012 3:44 PM
Stay after Eviction Order (by LadyLL [MA]) Mar 11, 2012 4:36 PM
Stay after Eviction Order (by Virden [OH]) Mar 12, 2012 9:17 AM
Stay after Eviction Order (by Moshe [CA]) Mar 12, 2012 9:41 AM
Stay after Eviction Order (by LadyLL [MA]) Mar 13, 2012 5:53 AM
Stay after Eviction Order (by LadyLL [MA]) Posted on: Mar 11, 2012 11:42 AM Message:
State Specific Question About: MASSACHUSETTS (MA)
Constable says after a judge sends an order of execution, the tenant can still try to get a stay? Has anyone run into this before? What is the process? --76.119.xxx.xxx |
Stay after Eviction Order (by Moshe [CA]) Posted on: Mar 11, 2012 12:05 PM Message:
Of course they can TRY to get a stay. If there is a good reason for it, then there has to be a remedy.
I don't know anything about MA, but in general, it involves the tenant making a motion to the court and the judge will decide if to grant the motion. Maybe the tenant can file the motion ex parte (without the other side being there) in cases where there is some urgency (for example, suppose the tenants' father dies on the other side of the country, and tenant must leave right away to be with his cancer-stricken mother). Then, the ex parte motion is likely to be granted for a limited time for the tenant to wind up his problem on the other side of the country, and to return to deal with his eviction problem.
--98.112.xxx.xxx |
Stay after Eviction Order (by Dan [MA]) Posted on: Mar 11, 2012 1:07 PM Message:
Happens all the time. The constable takes the execution and goes to give the tenants the final 48 hours notice to get out or he'll be back with the movers. As soon as the constable leaves, they run to the court house with some lame excuse as to why they can't move. Judge may give them another week or I've seen another month. --76.19.xx.xx |
Stay after Eviction Order (by Jeff [CO]) Posted on: Mar 11, 2012 1:30 PM Message:
Have you checked with your lawyer? --97.122.xxx.xxx |
Stay after Eviction Order (by Jeff [CO]) Posted on: Mar 11, 2012 1:31 PM Message:
Have you checked with your lawyer? --97.122.xxx.xxx |
Stay after Eviction Order (by LadyLL [MA]) Posted on: Mar 11, 2012 1:36 PM Message:
I am my laywer, have been working the case for months running everything I do by the Housing Court. They granted the execution order last week. I hired the constable, who delivered notice on Friday, but warned me tenant might try to get a stay. Now tenant sends me a text message today saying there is paperwork in the tenant's mailbox I need to pick up. My response was that I don't get my mail there. Tenant did not state what the paperwork was, or who it is from. I called the constable and left a message to call me tomorrow. --76.119.xxx.xxx |
Stay after Eviction Order (by LadyLL [MA]) Posted on: Mar 11, 2012 1:38 PM Message:
Never mind the fact I believe it is illegal for me to take anything out of the tenant's mailbox, if there is legal paperwork, tenant has to deliver it either by mail or in hand, to the best of my knowledge. --76.119.xxx.xxx |
Stay after Eviction Order (by Moshe [CA]) Posted on: Mar 11, 2012 2:19 PM Message:
If it is an application for a stay, giving you notice about a hearing, I wouldn't be so cavalier about refusing to pick it up. You want to know about it, so that you can appear and make your objections.
I suggest checking the court file.
As your own lawyer, you should know this.
--98.112.xxx.xxx |
Stay after Eviction Order (by LadyLL [MA]) Posted on: Mar 11, 2012 3:07 PM Message:
Moshe, I know you hate all LL's by nature, but the fact is, I haven't been notified about anything. I tried to call the tenant, to ask what it was, and the tenant refused to pick up her phone, twice. If it is legal paperwork, it's the tenant's responsibility to give it to me, not instruct me to take something out of the property mail box. I do plan on calling the court, tomorrow, when it's open. I will not be so stupid as to be set up by the tenant for raiding the property mail box before I have legal possession. --76.119.xxx.xxx |
Stay after Eviction Order (by LadyLL [MA]) Posted on: Mar 11, 2012 3:07 PM Message:
Moshe, I know you hate all LL's by nature, but the fact is, I haven't been notified about anything. I tried to call the tenant, to ask what it was, and the tenant refused to pick up her phone, twice. If it is legal paperwork, it's the tenant's responsibility to give it to me, not instruct me to take something out of the property mail box. I do plan on calling the court, tomorrow, when it's open. I will not be so stupid as to be set up by the tenant for raiding the property mail box before I have legal possession. --76.119.xxx.xxx |
Stay after Eviction Order (by LadyLL [MA]) Posted on: Mar 11, 2012 3:43 PM Message:
Why do you hate LL's anyway Moshe? I own two properties - one I was literally forced out of by local corruption beyond my control, so to make good on my promise to the bank, I rent it for less than it costs me. All this legal bologna for deadbeats only hurts me and my family. You seem to think you have such a good bead on things, but you really don't. I represent myself out of necessity, following every instruction from the court by the letter. I even reduced rent for several months, by 17%, to try to give the tenant a chance. Tenant can work, but refuses to because tenant doesn't "want" to anymore, by admission! You are playing for the wrong team, helping deadbeats hurt people. --76.119.xxx.xxx |
Stay after Eviction Order (by Moshe [CA]) Posted on: Mar 11, 2012 3:44 PM Message:
LadyLL,
As your own attorney, did it ever occur to you that notification of a hearing might be sent in care of the tenant, at the tenant's initiative, so that you won't end up attending?
Such things happen often, you know, for example to notify you of a hearing that he tenant doesn't want you to attend. Tenant sends to you, in care of property, if caught, they will say that they didn't have your actual address, and they will get away with it to the extent that you can overturn whatever the court decides only by your initiating a new hearing (or two). By that time, the tenant will have had his extension of time.
You claim not to be so stupid as to be set up by the tenant for raiding the property mail box before you have legal possession. So I am sure that you won't be so stupid as to fall for such an old trick as insisting that you never got notice, while the hearing goes on without you.
I suggested that you check the court file, and not by calling the court, by GOING DOWN AND LOOKING AT IT.
--98.112.xxx.xxx |
Stay after Eviction Order (by LadyLL [MA]) Posted on: Mar 11, 2012 4:36 PM Message:
I plan on calling the court at 8:00 pm to find out if my case is on the docket. That's when they open. If it is, I will show to contest. My problem is my aunt needs me to take her to the doctor's tomorrow. Good to see that maybe you don't hate all LLs as it seems you are trying to help. Thank you for the concern, but I am aware of default risk. --76.119.xxx.xxx |
Stay after Eviction Order (by Virden [OH]) Posted on: Mar 12, 2012 9:17 AM Message:
typically anything legal is done using cert mail or address service requested, no more texting about this paperwork - if important they will fed-ex or cert mail to you. --68.76.xxx.xxx |
Stay after Eviction Order (by Moshe [CA]) Posted on: Mar 12, 2012 9:41 AM Message:
Virden, you've missed the point.
--98.112.xxx.xxx |
Stay after Eviction Order (by LadyLL [MA]) Posted on: Mar 13, 2012 5:53 AM Message:
Give it up for Moshe, who is correct. I went to the tenant on Monday morning and got ppwk which was a motion for the 19th. However, housing court said motion did not stop evict. My tenant is a pro scammer, went down to court same day, without notice to me, and was granted another 21 days for constable error. Only notice I received was a call from the housing specialist with the tenant there, who told me that I did not need to appear, it would make no difference. Of course, neither of us knew constable made an error on the paperwork, only giving the tenant 45, not 48 hours. See new blog "Supervise (your) Contstable!" --76.119.xxx.xxx |
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