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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.
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 ...
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.
The Emergency Motion to Stay Writ of Possession must give the reasons why the Sheriff should not put you out. Some reasons may be: You never received a copy of any of the eviction or lawsuit papers except for the Writ of Possession.
That Writ of Possession means the Sheriff has a court order to remove the people, pets, and things in the home and put them out of the house. And if your tenant files an appeal at just the right moment, that Writ of Possession may get stopped.
The Writ of Possession gives the tenant at least 7 days to vacate the property.
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.
Attending Court Hearing in Georgia This also means that the tenant will be required to move out. If the court rules in favor of the landlord at the eviction hearing, it will issue a writ of possession, and the eviction will begin. To avoid eviction, tenants can appeal the judgment within seven days.