Order Vacating Stay of Execution Form
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People also ask
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How to get a stay of execution in California?
Stay of execution on appeal. Pending appeal, the defendant may apply to the appellate division for a stay of execution after a judgment of conviction. The application must include a showing that the defendant sought relief in the trial court and that the court unjustifiably denied the application.
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What is the automatic stay of execution?
Automatic Stay -- Immediately after a bankruptcy case is filed, an injunction (called the "Automatic Stay") is generally imposed against certain creditors who want to start or continue taking action against a debtor or the debtor's property.
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How do I file a stay of execution in California?
You have to ask the court at least 1 court day before the sheriff's Notice to Vacate says you have to move. You have to let your landlord know at least 24 hours before then.
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What is the unlawful detainer stay of execution due to hardship in California?
An eviction stay of execution due to hardship under California Code of Civil Procedure §918(a) in California may be granted if the tenant satisfies the court that extreme hardship would occur but for the temporary delay.
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What is an emergency motion to stay writ of possession in California?
From Putting Me Out Of My Home? If you have a very strong reason why the Sheriff should not put you out of your home, you should consider filing a paper with the Court called, "Emergency Motion to Stay Writ of Possession". This is a request that the Judge stop the Sheriff from putting you out.
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How does a stay of execution work?
If your tenant needs more time before moving out, they can file a motion for a stay of execution to ask the judge for some extra time before having to move out. If they missed the court date because of an emergency or feel they made a mistake, they can file a motion to set aside.
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What is the stay of execution for eviction in Massachusetts?
You may file a motion to stay the execution with the court to ask for more time to move. (A stay of execution is a request to the court to delay the move out.) If you don't move out, the sheriff or constable will take your belongings to a licensed storage facility. You may have to pay fees for storage.
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What happens during a stay of execution?
Stay of execution: A court order that stops something from happening, like the sale of property or carrying out a death sentence. It can be given while waiting for an appeal or when there are changes in circumstances.
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