Appealing an Eviction

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The Eviction law gives provisions for the tenant to appeal the eviction judgment in the county court. After the eviction judgment is passed, you can appeal for the eviction. Even if you cannot change the judgment, it may at least give you sufficient time to find a new dwelling place. However, there is a statute of limitation; hence, collect information regarding your state’s eviction laws and regulations

File an Appeal

Usually the time limit to file for an appeal is 5 to 10 days, but it may vary with each state. This time limit will start from the day next to that of the judgment and not at the date you receive the notice from the sheriff. You will have to file your appeal within this time limit to the Superior court which has issued the eviction order to you, as otherwise your appeal will be dismissed.

Affidavit of Service

You will have to issue the notice of Eviction Appeal to the landlord or his/her attorneys as soon as you file for an appeal in the county court. Failure of this will lead to the dismissal of your appeal. After this, you will have to file a notarized “Affidavit of Service.” This affidavit is filed to inform the details of issuing the notice to the landlord(s) and the way in which it was issued (mail or personal delivery).

Give Surety

You must pay an appealing fee ($550) and surety (usually $500) to the court if you want to appeal an eviction order.

Stay of Eviction

You will have to file for the staying the eviction procedure if your hearing date for your appeal is after the eviction date. On getting this stay, you can legally stay in the premises by paying rent until the appeals case gets completed. Failure to pay rent during this procedure will again can force you to vacate legally.

Defend your Appeal

You should have gathered all documents supporting your defense in this appeal for the eviction order. Remember that you can win case in your favor only if you have not violated any of the lease agreements and paid the rent on time, and not created any disturbance or damage and so on.

Getting Legal Help

You may have to do lots of paperwork and collect evidence in order to defend yourself in the appeals case. You may fail in the case even though you have not committed any mistakes if you go wrong in these steps. Hence, it is advisable to hire the services of an eviction attorney who can help you out.

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