Judgment Against Property For Rem In Fulton
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FAQ
Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to “stay” or “stop” the sheriff from executing the Writ of Possession and removing the resident. It can be a typed or handwritten document filed by the resident or the resident's attorney if one is retained.
You can file an emergency application for a stay of the writ of possession. This will prevent the landlord from evicting you until the appeal is decided.
Once a writ of possession is issued, an eviction must be requested within thirty (30) days of the date of service or a newLandlord-Tenant (Dispossessory) Affidavit must be filed. You may use the Magistrate Court Guide and File system to draft your Landlord-Tenant (Dispossessory) Affidavit or Answer.
Go to the Landlord-Tenant Clerk's office and fill out a court form called a Petition in Support of an Order to Show Cause. If you can, bring your lease, rent receipts, utility bills and mail addressed to you at your home. If the Judge signs the Order to Show Cause, you will get a court date a day or two away.
Most of the time, the phrase “rental judgment” refers to an eviction judgment. An individual with an eviction judgment on their record has been evicted by a court hearing from a previous rental. Eviction judgments are only added to an individual's record after court proceedings.
The court shall issue a writ of possession, both of execution for the judgment amount and a writ to be effective at the expiration of seven days after the date such judgment was entered, except as otherwise provided in Code Section 44-7-56.
Generally, if the writ isn't served within 30 days of issuance, then it would expire because it would be determined that a new month to month tenancy has been entered into if it wasn't served on the tenant within that time.
Bank accounts solely for government benefits Federal law ensures that creditors cannot touch certain federal benefits, such as Social Security funds and veterans' benefits. If you're receiving these benefits, they would be exempt from garnishment.
Debtors can protect their bank accounts by opening accounts in states that prohibit garnishments. If a creditor attempts to garnish the account, the debtor's funds remain protected while they handle legal proceedings or claims for exemptions.
New York is one of the few states that protects your bank account by requiring the judgment creditor and the bank to take certain steps before your bank account can be levied or restrained.
