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Here is the language from our eviction notice: Your rental agreement will terminate upon the expiration of seven (7) days after the receipt or posting of this written notice, if you fail to pay or cure the material lease breach prior to the expiration of the seventh (7th) day.
The Emergency Motion must say four things: (1) the reasons you should not be put out by the Sheriff; (2) a request that the Judge to stop the Sheriff from putting you out; (3) a request that the Judge allow you to give you a hearing so you can tell the Judge in person why you should not be put out, and to present any ...
A writ of possession Alabama bond is a type of court surety bond. Judges require plaintiffs to secure a writ of possession, or writ of attachment bond before the property seizure takes place. Courts often use surety bonds to safeguard the plaintiff and/or defendant from a wrongful action.
(1) If the tenant should fail to make any payments determined to be properly payable as they become due under this subsection, upon motion, the court shall issue a writ of restitution or possession and the landlord shall be placed in full possession of the premises.
A: If the writ of possession has already issued, the only way to delay it is to appeal the judgment of the magistrate court. If the writ of possession has not issued, show up to your eviction hearing and request additional time from the landlord.
Alabama Court Rules give you seven (7) days (one week) to answer an eviction.
Keep in mind that with a long-term lease, the landlord cannot increase the rent until the lease ends and a new tenancy begins?unless the lease itself provides for an increase. Alabama landlords may not raise the rent in a discriminatory manner?for example, only for members of a certain race.
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.