Filing Motion To Stay

Summary

In Florida, you can file a motion to stay a writ of possession before it is executed by the sheriff. Good cause may include rectifying the rule violation or demonstrating severe hardship. The motion should include your name, address, case number, reasons for the stay, and be filed with the court. Execution of writs typically occurs during business hours. Filing a motion generally halts the writ until the judge reviews it, but this depends on the case specifics and judges discretion. Consult a legal professional for personalized advice.

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Writ of possession in Pasco Florida when can I file a motion to stay
In Florida, you can file a motion to stay a writ of possession at any time before the writ is executed. However, it's often more effective if filed immediately after the judgment for possession. Note:
- The judge's discretion plays a significant role.
- The motion must show good cause.
Before the writ is out on the door by sheriff
Yes, MzPasco. In Florida, the motion to stay should ideally be filed before the writ of possession is executed by the sheriff.
- Remember to show good cause
- Each case is subject to the judge's discretion.
What is good cause to be granted a motion to stay if eviction is because of a broken rule
In Florida, 'good cause' might include:
- Showing that the rule broken was unreasonable or unfairly applied
- Proving you've rectified the rule violation
- Demonstrating severe hardship if eviction proceeds
Remember, each case is unique and subject to the judge's discretion.
Do they post writ of possession on weekends
In Florida, the execution of a writ of possession, including posting notices, typically occurs during regular business hours, Monday to Friday. However, local practices may vary, so contact your local sheriff's office for specific information.
How do I write a motion to stay
In Florida, to write a motion to stay a writ of possession, you should:
- Begin with your name, address and case number.
- Title the document "Motion to Stay Writ of Possession".
- State your reasons for requesting the stay.
- Sign and date the motion.
- File it with the court and serve a copy to the opposing party.
Remember, it's advised to consult with a legal professional.
Will this stop the writ of possession until judge sees it
In Florida, filing a motion to stay generally halts the writ of possession until the judge has a chance to review it. However, this isn't guaranteed, as it often depends on the specifics of your case and the judge's discretion.