Legal Question in Real Estate Law in Idaho

Default judgements, unlawful detainer and writ of execution

I received a Default Judgement in April of this year. The Order said I ''Quieted Title'' to the property but did not state that I was to vacate the property. I was in the process of filing a Motion to Set Aside the Default Judgement and a Motion for a Hearing, when I was served with a 48 hr. Writ of Execution at the end of June. I was forced to leave my home and not allowed to go back on the property. Was this legal procedure or did they need to file an ''Unlawful Detainer'' on me before the ''Writ of Execution''? Any information on this would be extremely helpful for I am still homeless and trying to fight to get my home and property back.


Asked on 8/31/03, 1:40 pm

1 Answer from Attorneys

Gass Timothy Gass Law Office

Re: Default judgements, unlawful detainer and writ of execution

a writ of execution can be obtained and served at any time after a judgment has been entered.

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Answered on 9/02/03, 2:06 pm


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