This question was posted in a miscelaneous forum. I tought of posting this in a more appropriate forum and perhaps I can get some leads.
I was unemployed from beginning of 2010. By September, I received a UD from landlord. The hearing date was 11/01/2010. I was offered a job the week before 11/01 and had to start at 11/01 for orientation with other new hires. I spoke with the LL Attorney and gave me conditions. I wanted to start the job and even though I knew and said to attorney that I cannot afford his condition, I signed a stipulation. The attorney required me to make a month's payment befre stipulation, so, I borrowed money and made the payment.
It turned out that I was not getting paid for Holidays in the next 90 days. Needless to say, I was not able to make payments as stipulated.
My question here is that, was there due process violation in the way I was evicted given the events below:
01/07/2011, Friday: Judgment for Writ of Possession filed and granted
01/13/2011, Thursday: Writ of Possession served by posting at the door with 5 days to move out by 01/18/2011.
01/14/2011, Friday: Pro Se; missed ex parte hearing for Stay of Eviction; clerk says have to be in court by 1300hrs. clerk did not accept papers for Stay of Eviction because it is an ex parte and needs 24 hrs notice to Plaintiff (landlord).
01/15/2011, Saturday: no court
01/16/2011, Sunday: no court
01/17/2011, Monday: Legal Holiday (MLK); no court
01/18/2011, Tuesday: day to move out; no ex parte hearings on Tuesdays
Any leads are appreciated.
Thank you.
I was unemployed from beginning of 2010. By September, I received a UD from landlord. The hearing date was 11/01/2010. I was offered a job the week before 11/01 and had to start at 11/01 for orientation with other new hires. I spoke with the LL Attorney and gave me conditions. I wanted to start the job and even though I knew and said to attorney that I cannot afford his condition, I signed a stipulation. The attorney required me to make a month's payment befre stipulation, so, I borrowed money and made the payment.
It turned out that I was not getting paid for Holidays in the next 90 days. Needless to say, I was not able to make payments as stipulated.
My question here is that, was there due process violation in the way I was evicted given the events below:
01/07/2011, Friday: Judgment for Writ of Possession filed and granted
01/13/2011, Thursday: Writ of Possession served by posting at the door with 5 days to move out by 01/18/2011.
01/14/2011, Friday: Pro Se; missed ex parte hearing for Stay of Eviction; clerk says have to be in court by 1300hrs. clerk did not accept papers for Stay of Eviction because it is an ex parte and needs 24 hrs notice to Plaintiff (landlord).
01/15/2011, Saturday: no court
01/16/2011, Sunday: no court
01/17/2011, Monday: Legal Holiday (MLK); no court
01/18/2011, Tuesday: day to move out; no ex parte hearings on Tuesdays
Any leads are appreciated.
Thank you.