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How do you fight a writ of possession?

Tenants will need to provide a reason for filing a motion to stay the writ of possession. It is best to provide extensive evidence for an appeal such as documented conversations with a landlord or receipts for rent paid. If the judge approves their request, an emergency court hearing is scheduled.

What is an ex parte writ of possession?

(b) A writ of possession may be issued ex parte pursuant to this subdivision if probable cause appears that any of the following conditions exists: (1) The defendant gained possession of the property by feloniously taking the property from the plaintiff.

What is the purpose of the ex parte?

An Ex Parte Application is used for one party to ask the Court for an order without providing the other party(ies) the usual amount of notice or opportunity to write an opposition.

What is an ex parte in an eviction case?

An ex parte hearing is an urgent matter and is requested by one party with short notice to the opposing party. Notice to the opposing party must be provided by 10:00 a.m. the day before the ex parte hearing.

What happens in the ex parte order?

Proceeding ex parte means to move forward with legal action without the presence or input of the other party. In court, it typically refers to emergency situations where one party seeks immediate relief.

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