Motion To Stay Writ Of Execution Without Consent
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FAQ
The writ of execution expires 180 days after the issuance. Manner of Service Personal Service. Proof of Service A proof of service is not issued. Instead, a return detailing the Sheriff's actions is prepared which accompanies the writ of execution when it is returned to the court.
In unlawful detainer actions, the court has the discretion to delay a lockout even after a landlord receives judgment for possession of property where a tenant convinces the court that there may be extreme hardship, (through a declaration of facts) if the lockout is not delayed.
If you wish to appeal an unlawful detainer ruling, file your appeal in the court location where the original proceeding was heard. For more information on Unlawful Detainer (Landlord/Tenant), visit our Landlord/Tenant page. Additional information is also available on the California Courts Self-Help Center website.
The most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it. The sheriff will often back off if the parties are working to resolve the judgment. We have plenty of experience in settling judgments. Another sure fire way to stop a writ of execution is to file for Bankruptcy.
An eviction stay of execution due to hardship under California Code of Civil Procedure §918(a) in California may be granted if the tenant satisfies the court that extreme hardship would occur but for the temporary delay.