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The Motion to Stay the Writ of Possession may state that the resident paid the rent, the eviction was unfair, the resident needs more time, the case is defective or just about anything on earth that the resident can come up with to convince a judge that the eviction should be stopped or make the judge feel sorry for ...
Ask the judge to "stay" (delay) the eviction (for up to ten days) to allow the tenant additional time to leave the property; Ask the judge to "set aside" (cancel or do away with) the eviction order based upon some legal reason why the eviction should not have been granted; or.
An Order of Eviction can also be called a Writ of Restitution. The judge must sign the Order before it's valid. It tells a court officer, such as a sheriff or sheriff's deputy, to remove you and your belongings from the home, and gives your landlord possession of the home.
Use the Do-It-Yourself Motion to Set Aside Default (Eviction) tool to complete the forms you need. You must file your motion with the court within the 10 days of when the judge signed the default judgment.
A conditional dismissal asks the judge to dismiss the case but allows the judge to reopen the case and enter a judgment if the one party doesn't follow the agreement.
Once judgment is passed in favor of the landlord, the tenant must move out within 10 days. The appropriate law enforcement official must be given the Writ within 7 days from the day it is issued. There is no specific length of time for them to execute the Writ and forcefully evict the tenant.
A stay puts a judgment on hold. You cannot be evicted while you have a stay. To get a stay, you must file an ?Application for Stay of Execution of Writ of Restitution.? Your Application for Stay must be filed with the Clerk's Office in Room 110 before p.m. on the day that you want to see the judge.
ORDER OF EVICTION IN THE NAME OF THE PEOPLE OF THE STATE OF MICHIGAN: To the Court Officer: You are ordered to restore the plaintiff to, and put the plaintiff in, full possession of the premises. NOTE: In tenancy cases, this order must be executed within 56 days of the issuance date.