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Temporary Restraining Order Form Foreclosure In Montgomery
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State:
Multi-State
County:
Montgomery
Control #:
US-000299
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Word;
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A TRO lasts for 14 days or until your temporary orders hearing, whichever is sooner. You can ask the judge for a TRO by filing a Motion for Temporary Restraining Order, Temporary Injunction, and Temporary Orders.
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
A temporary restraining order, otherwise referred to as TRO can halt the foreclosure process temporarily. This temporary halt can provide enough time for clients to work with their lawyers to avoid their impending foreclosure.
After 14 days the TRO may be extended by a judge only once for an additional 14 days. Thus at most this TRO may only last 28 days' absent agreement to an additional extension. A Judge does have the discretion to extend the TRO more than once if it is uncontested (you do nothing or do not appear).
Permanent Protective Orders The term “permanent” is somewhat misleading because these orders usually have a set expiration date and can last up to two years. However, permanent protective orders can be extended beyond the two-year mark in certain circumstances.
The judge can enter a Protective Order if the abuser consents, or if by clear and convincing evidence that abuse has occurred. Be sure to show the judge any evidence you have to support your accusations including photos, medical reports and witnesses.
In Texas, a Temporary Restraining Order (or “TRO”) is a document filed with your initial petition. It can be filed in a divorce or a child custody matter. As the name suggests, once signed, it temporary restrains you, the other party, or both you and the other party from engaging in certain acts.
The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete.
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.
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How To Ask For Temporary Restraining Order (TRO) ; 40. To file a TRO you would go to the courthouse and file the complaint at the court.They usually have a form and you would just need to pay the filing fee. Forms ; O.S.C. Temporary Restraining Order Notice. PDF ; O.S.C. Temporary Restraining Order Notice Special Proceeding. I'm a JustAnswer Expert, licensed lawyer with over 20 years of experience. I am happy to assist you today. You don't have to file a TRO. It's certainly an option, however in all the years we've been practicing we never have filed one to stop a foreclosure in Alabama. Obtain a petition for a protective order from either the Montgomery County District Court Clerk or you can visit the court form search.