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  2. Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to “stay” or “stop” the sheriff from executing the Writ of Possession and removing the resident. It can be a typed or handwritten document filed by the resident or the resident’s attorney if one is retained.
    evict.com/motion-to-stay-writ-of-possession-delay-t…
    A tenant or their attorney can file a motion to stay in the period of time after the writ is issued. This motion asks the judge to stay (stop) the writ of possession. Tenants will need to provide a reason for filing a motion to stay the writ of possession. An emergency court hearing will be scheduled if the judge approves their request.
    www.redfin.com/blog/writ-of-possession/
    The “Motion to Stay a Writ of Possession” is a document filed with the court, by the resident or their attorney, in which the resident requests the court to “stay” or “stop” the sheriff from executing the Writ of Possession and removing the resident from the property.
    bwpf-law.com/understanding-the-motion-to-stay-wri…
    A stay puts a judgment on hold. You cannot be evicted while you have a stay. To get a stay, you must file an Application for Stay of Execution of Writ of Restitution. Your Application for Stay must be filed with the Clerk’s Ofice in room 110 before noon on the day you want to see the judge.
    www.lawhelp.org/files/7C92C43F-9283-A7E0-593…
     
  3. People also ask
    Can a judge stop a writ of possession?A judge can stop a writ of possession in some cases. A tenant or their attorney can file a motion to stay in the period of time after the writ is issued. This motion asks the judge to stay (stop) the writ of possession. Tenants will need to provide a reason for filing a motion to stay the writ of possession.
    What is a writ of possession?A writ of possession is a court order that authorizes a law enforcement officer to remove a tenant and their possessions from a rental home. A landlord can request a writ of possession if the tenant won’t voluntarily leave the home after they get the original notice to vacate. A writ of possession isn’t the same as an eviction.
    Can a defendant request a stay of execution of a judgment?The defendant may request a stay of execution of the judgment whether or not an appeal is taken. CCP §918 (a), (c). You may stay execution of the judgment for up to 40 days without the landlord’s consent in a limited civil case, or up to 70 days in an unlimited case. See CCP §918 (b); Cal Rules of Ct 8.104 (a), 8.822.
    How do I get a stay of execution of a writ of restitution?To get a stay, you must file an Application for Stay of Execution of Writ of Restitution. Your Application for Stay must be filed with the Clerk’s Ofice in room 110 before noon on the day you want to see the judge. ß You are filing a Motion to Vacate Default Judgment, Motion for Reconsideration, or an Appeal.
     
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