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A judge can stop a writ of possession in some cases. A tenant or their attorney can file a motion to stay in the period of time after the writ is issued. This motion asks the judge to stay (stop) the writ of possession. Tenants will need to provide a reason for filing a motion to stay the writ of possession.
Rule 1.580 - WRIT OF POSSESSION (a) Issuance. When a judgment or order is for the delivery of possession of real property, the judgment or order shall direct the clerk to issue a writ of possession. The clerk shall issue the writ forthwith and deliver it to the sheriff for execution.
If the Defendant(s) refuse to leave the property after the Final Judgment has been signed, you may file a Writ of Possession and have it issued by the Clerk, allowing the Sheriff's Department to remove them from the property.
How Tenants Can Fight (or Delay) an Eviction in Florida Talk to Your Landlord. The best way to delay an eviction is to talk to your landlord. ... Fight (Raise a Defense) ... Ask for a Continuance. ... Talk to the Judge. ... File For Bankruptcy to Delay Your Eviction. ... Should I Ignore an Eviction Notice?
Appeals must be filed within 30 calendar days after the judgment, if the case was decided by an associate or senior judge. If the case was instead decided by a magistrate judge, there is a shorter, 14-day time period during which you can file a motion for review of the magistrate judge's decision.
The clerk of court enters a writ of possession: 1 - 3 days. Sheriff executes writ of possession: 5 - 7 days.
The 24 hour period begins at the time the Writ is posted, and ends 24 hours later, excluding Sundays. After the Writ is posted, a Deputy Sheriff will call you and schedule an appointment for you to take possession of your property. Manpower and daily caseloads may cause this time period to be longer.