Legal Question in Landlord & Tenant Law in California
How do I stop and eviction when we have already been served with the notice of vacate by the sheriffs department?
2 Answers from Attorneys
Unfortunately, once you have been served with the final 5 day notice by the Sheriff's Department, it is too late. Absent obtaining a State-Court stay of the eviction, even a bankruptcy will not stop it at this point. The bankruptcy code was changed in 2005, and a provision inserted which removes from the automatic stay eviction where a judgment for possession of the property has already been entered by the State Court. The Sheriff's Department only posts the final, five-day notice after judgment has been entered, so bankruptcy will not stop the lock-out. You can only obtain a stay of the eviction by either filing a separate lawsuit seeking a Temporary Restraining Order preventing the eviction, or by a filing in the eviction lawsuit seeking to stay the lock-out. Both are virtually impossible to obtain, but you need to contact a tenant's right attorney immediately to determine if you even have either of these options.
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