Stopping an Eviction:

Eviction is a serious issue that no tenant wants to face.

If you have received a notice of eviction from a marshal you are in danger of losing your home and should immediately contact an attorney to file an Order to Show Cause to stop the eviction. A marshal’s notice is a very serious matter, and it must be addressed immediately. If you do not take any action to stop the eviction through the courts, the marshal will remove you and your property from the apartment on the date listed on the notice without any further notices or court hearings.

You will receive a marshal’s notice of eviction if you never answered a petition, and a default judgment was entered in favor of the landlord or if you answered a petition and a court order resulted or you entered into a stipulation and you did not comply with the order or stipulation.  In order to stop or delay the eviction your lawyer will need to file and order to show cause to convince the judge why you should not be evicted. Depending on the

Facts of your case and the reasons for your default, a judge may or may not grant an order to show cause.

If the judge signs the order to show cause, the eviction cannot happen until the judge hears the case again in court on the hearing date. The judge has discretion to vacate a warrant of eviction, extend the time to pay or vacate, or deny the order to show cause on the hearing date.

At the Law Offices of Sergey Davydov, our experienced attorneys can help protect your rights as a tenant. Contact us today to learn more about how we can assist you in stopping an eviction and preserving your tenancy.