Delay eviction/Writ of possesion owner filed bankrupt

Status
Not open for further replies.
B

bggrizzle

New Member
My parents signed for our house 10 years ago, we have always lived there it is our primary residencee. They called it a "buy for loan". My parents filed bankrupt on everything including our house. We continued to live in the home however are now behind on the payments and they will not work with us. I have over half of what we are behind. We received the yellow notice from the sheriff's office we have until tomorrow to get out. Even though we thought it was coming soon we did not know they would give us 1 days notice to get out. We haven't received anything telling us except the door hanger from the sheriff. Is there anything we can do to delay this so I can get my own stuff moved even if for a few days?

Thank you.
BG
 
Last edited:
If this is an actual eviction notice, not really..

The steps to eviction in Georgia go like this...

The landlord sends you a demand letter (i.e., a Pay or Quit notice) giving you 7 days to remedy the situation (in this case, pay the owed rent).

After this time period the landlord can file for a dispossessory warrant (Georgia's version of an eviction); you will be notified this has taken place and you have a certain number of days to answer this.

If you do respond, a court hearing will be scheduled and both sides will present their arguments as to why or why not the eviction should granted. If you do not respond to the notice, the landlord can go back to the court and request the dispossessory warrant.

They then contact local enforcement who oversees the actual eviction and they notify the tenant when this will take place.

The point is that there are a fair number of steps along the way where you could have remedied the issue, including bringing all the owed rent to the court hearing (Georgia requires that a landlord filing for eviction for nonpayment of rent accept such rent at the hearing as a one time "good faith" deal).

It sounds as if you've done none of this and, unfortunately, it has reached the point where all your avenues to resolve this have ended. At this point the actual date for the eviction is based on the schedule of the law enforcement agency overseeing this.

Gail
 
If this is an actual eviction notice, not really..

The steps to eviction in Georgia go like this...

The landlord sends you a demand letter (i.e., a Pay or Quit notice) giving you 7 days to remedy the situation (in this case, pay the owed rent).

After this time period the landlord can file for a dispossessory warrant (Georgia's version of an eviction); you will be notified this has taken place and you have a certain number of days to answer this.

If you do respond, a court hearing will be scheduled and both sides will present their arguments as to why or why not the eviction should granted. If you do not respond to the notice, the landlord can go back to the court and request the dispossessory warrant.

They then contact local enforcement who oversees the actual eviction and they notify the tenant when this will take place.

The point is that there are a fair number of steps along the way where you could have remedied the issue, including bringing all the owed rent to the court hearing (Georgia requires that a landlord filing for eviction for nonpayment of rent accept such rent at the hearing as a one time "good faith" deal).

It sounds as if you've done none of this and, unfortunately, it has reached the point where all your avenues to resolve this have ended. At this point the actual date for the eviction is based on the schedule of the law enforcement agency overseeing this.

Gail
 
Thank you for responding. We have never been to court on this. They don't send anything to us. My parents filed bankrupt but they still send any correspondence to them at their address.
 
Gail one more thing please. I just looked at some of the exhibits that are on the paperwork given to the court to get the writ of possesion. They have been altered. The payment amount has been changed from a 563. to read 863. Is that something I maybe could use to try and fight? I don't want to stay here for free like I said I have over 5000.00 of the 8000.00 they want. If I can't stay I just want to get my own stuff out and not have it throwed out in the street an extra 2 days.

Thank you for replying.
 
I strongly suspect that when law enforcement shows up to handle the eviction, they're not going to listen to any discussion you might have on this matter. They'll likely tell you that the court has granted the dispossessory request and they're simply there to carry it out.

This is because they've likely heard many times over that the tenants never knew a dispossessory had been filed, never got notice of the hearing, etc. etc. etc.. I'm guessing they'll likely tell you the time to argue about this was long before it got to this level and they are just there to carry out the court order.

Gail
 
If you have a written lease, you might not have to move.

You owe back rent to the prior owner, your parents.

At this point, you owe them nothing, too.

You owe nothing, nor do you need to pay anything to the bank (new owner).

Your parents can be foreclosed on and were.

But, if you the tenant haven't been noticed, you can't be evicted.

If you haven't been to court, you can cure the eviction.

Your parents lost their property, you haven't lost your leasehold, if none of the aforemetioned occurred.

Speak with an attorney ASAP.

Take your written lease to the attorney, unless it has now become month to month.

Still, take the lease.

You don't owe anything to the bank, so you won't have to pay them.

You can use some of that money to pay the lawyer, who will stop the eviction.

You just need to pay going forward, to avoid future evictions.
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top