|Asking for More Time to Move After You Are Evicted||
Last updated: November 2006
When the judge signs your order for eviction, they will usually give you around 14 days to move. You can ask a judge for more time to move out of your home. You should file a motion for more time to move at the end of this 14 day period. The Sheriff will not be able to evict you for another week or so, until the judge hears your motion.A judge may let you have more time if you:Have recently been hospitalizedHad a death in the familyHave had some other emergencyClick on words that appear like 'this' to learn what these words mean.What should I do before I ask for more time to move? You should make sure you can't vacate, or throw out, your judgment before asking for more time to move. If you can vacate the judgement, you will be able to stay on the property until a new judgment is entered. The landlord will have to start the eviction process over. This will give you more time to live in the property.For more on how to vacate a judgement, see "Filing Court Papers for Free" in the "Related Articles" section of this guide. Will a judge grant me more time to move out after I've been ordered to move out? Maybe. Most judges will not give you more time to move unless you have recently been hospitalized, had a death in the family, or have had some other emergency.When should I ask for more time to move? When the judge signs the order for eviction, he will usually give the tenant around 14 days to move. You should file your motion for more time to move at the end of this 14 day period. This will prevent the Sheriff from evicting you for another week or so, until the judge hears your motion.What forms do I need to fill out to get more time? You need to fill out a Notice of Motion and a Motion to Extend Time to Move Out. Go to the "Forms/Letters" section to complete these forms. Once you have filled out these forms, make 4 copies of the completed Notice of Motion and the Motion to Extend Time to Move Out.Complete the Questions and Print your Documents You need to file a Notice of Motion and a Motion to Extend Time to Move Out. These documents will be created when you complete the questions for the automated document in the "Forms/Letters" tab. It will ask you questions and create documents for you based on your answers. When you have answered all the questions it will give you a file to download with all forms you will need. Once you have downloaded these forms, print 4 copies of the completed Notice of Motion and the Motion to Extend Time to Move Out.File the Forms at the Courthouse Take the forms to the Clerk of the Circuit Court's office in the county that your case was originally heard in. Bring all copies of your Notice of Motion and Motion to Extend Time to Move Out.You will ask the clerk to schedule your motion for hearing before the judge that heard your original case. Put this date and time on the original Notice of Motion and the four copies of the Notice of Motion. Then give the clerk a copy of your Notice of Motion, the Motion to Extend Time to Move Out and all the copies. The clerk will:Enter the information into the court computer. This must be done or your motion will not be heard;File your Motion and Notice of Motion;Return the file stamped copies to you.Bring a Copy of the Motion and Notice of Motion to the Sheriff's Department You should give one copy of the Notice of Motion and the Motion to Extend Time to Move Out to the Sheriff. If you do not deliver a copy to the Sheriff, they may evict you before you have a chance to present your Motion to the judge.Send a Copy of the Motion and the Notice of Motion to the Landlord You need to mail another copy of your Notice of Motion and Motion to your landlord or, if they have an attorney, to your landlord's attorney. The landlord's address should appear in the lower left corner of your summons.Go to Court on the Hearing Date On the day you have set your case for court, go to the courtroom. When your case is called, go before the judge, hand them a copy of the Notice of Motion and the Motion to Extend Time to Move Out and then ask the judge for additional time. You should remember:To bring copies of all the documents you filed and any other papers you have on your caseArrive early and dress neatlyTell the Clerk you are ready to for the hearing when calledWhen called, tell the judge who you are, what is going on and be ready to answer questions the Judge may ask you about your caseAfter your Hearing If the judge grants your motion, fill out an Order form. Ask the judge to tell one of the attorneys in the courtroom to help you fill out the Order. Give the Order to the clerk of the court, who sits next to the judge, and they will have the judge sign it. If you have questions ask the clerk for help.After the judge signs the Order, take a copy to the sheriff. You may want to ask the clerk for a copy of the Certified Order. Once the Sheriff receives the Order, they will know that they cannot evict you until your extension has ended.
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