Unlawful Detainer Ex Parte Stay Of Execution

STANISLAUS COUNTY SUPERIOR COURT Civil Division www.stanct.org (209) 530-3100 Revised Apr-12 Ex Parte Stay of Execution Unlawful Detainer This packet includes the necessary forms to request a Temporary Stay of Execution of a judgment in an unlawful detain or eviction case. Judicial Council forms, local forms and information are available in the Clerk's Office, the Stanislaus County Law Library located at 1101 13th Street, Modesto, and on the following Websites: · · · · Stanislaus County Superior Court http://www.stanct.org/courts/index.html Local forms http://www.stanct.org/courts/forms/index.html Judicial Council's Self-Help website http://www.courts.ca.gov/selfhelp For more information on Libraries, Websites, or Self-Help Legal Books http://www.courts.ca.gov/selfhelp/lowcost/libraries.html California Superior Court's Interactive Electronic Forms Program Superior Court Self-Help Center, 800 11th Street, Room 220, Modesto PROVIDING ASSISTANCE TO PARTIES REPRESENTING THEMSELVES Services are offered on a first come, first serve basis. Material prepared and/or distributed by the Superior Court Self Help Center IS INTENDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. Such material is NOT LEGAL ADVICE and is not intended to be legal advice as to your specific case. IT IS NOT INTENDED TO TAKE THE PLACE OF COMPETENT LEGAL ADVICE FROM AN ATTORNEY. You are strongly urged to seek the advice of a licensed attorney before starting or completing your case in order to protect valuable legal rights that you may have, of which you may be unaware. Please contact a competent attorney of your choice or contact the LAWYERS REFERENCE SERVICE of the Stanislaus County Bar Association at (209) 571-5727 for a referral. The Clerk's Office cannot give you legal advice. American LegalNet, Inc. www.FormsWorkFlow.com STAY OF EXECUTION This packet of forms is to request a temporary stay of the execution of a judgment for eviction and allows you to request an extension of time before you are permanently locked out of the premises. You should begin this request no later than 48 hours before your lockout date/time. NOTE: The granting of this motion is not automatic and will be up to the Judge to decide. If you are not prepared to deposit rent with the court for each day you request for the extension of time to move out your request may be denied. You can only ask for up to 40 days from the date of Entry of the Judgment. 1. GIVE 24-HOUR NOTICE: You must give the Plaintiff or the Plaintiff's Attorney 24 hour's prior notice of your intent to seek an order to Stay the Execution of Judgment. You do this by contacting the Plaintiff or Plaintiff's Attorney by telephone and stating: "I will be submitting a request to Stay the Execution of the Judgment twenty-four hours from the time of this call." NOTE: Remember the DATE & TIME of the call and the RESPONSE (if any) received from the Plaintiff or their attorney, because this information is required for the request. 2. PREPARE THE DOCUMENTS: Complete the Ex Parte Motion, Declaration and Points and Authorities, along with the Order on Ex Parte Motion as explained in the pages that follow. 3. FILING YOUR DOUCMENTS: Take the original and 2 copies (copies will be made for you if you have a fee waiver on file) to the Clerk's office for filing. The Clerk will file-mark the documents and set a HEARING DATE. There will be a filing fee due at the time of filing unless you qualify for a Fee Waiver. You can get a Fee Waiver packet from the Clerk's Office or the Self Help Center. If you qualify for a Fee Waiver, the Clerk's Office will make the copies for you. 4. SERVING DOCUMENTS: A copy of the documents must be given to the Plaintiff or Plaintiff's Attorney, prior to the time of the hearing. Someone other than you must HAND DELIVER a copy of the DOCUMENTS to the Plaintiff or the Plaintiff's Attorney. They must be over 18 years old and CANNOT be you or anyone else living in the home or named as a defendant in the lawsuit. Once they deliver a copy of the documents to the plaintiff or plaintiff's attorney have them complete, date and sign a PROOF OF SERVICE. FILE the Proof of Service with the Clerk's Office, if possible, otherwise bring it with you to the hearing. Be sure to attend the hearing. 5. ORDER: If the Judge grants the stay, the courtroom clerk will notify the Sheriff's Office and the Clerk's office will fax a copy of the signed order to the Sheriff's office once signed by the Judge. American LegalNet, Inc. www.FormsWorkFlow.com Ex Parte Stay of Execution Directions · · · Find the number on the sample form. Example: 1 Go to the same number below to find out how to fill out the form. Type or print legibly in blue or black ink. DO NOT USE GEL PENS. 1. 2. 3. 4. 5. Write your name, address and phone number. Write the name of the Plaintiff and the Defendant as they appear on the Complaint. Write in your case number as it appears on the Complaint. Write in name. Write in the date you wish are requesting the Court temporary state the lockout. You can ask for up to 40 days from the date of entry of the judgment. NOTE: You will be required to pay rent for each day you request for the extension of time to move out. 6. Write in the date, print your name and sign. American LegalNet, Inc. www.FormsWorkFlow.com Ex Parte Stay of Execution Page 2 Directions · · · Find the number on the sample form. Example: 1 Go to the same number below to find out how to fill out the form. Type or print legibly in blue or black ink. DO NOT USE GEL PENS. 7. 8. 9. Write in your name. Write in the date the Judgment was entered. Write the length of time you have lived at the residence. 10. Write in who else resides there with you. (Example: My two children or My boyfriend, etc.) 11. Write in from what source you earn your monthly income. (Example: Employment or Unemployment or social security, etc.) 12. Write in the amount of your monthly earnings. 13. Write in the date the Sheriff posted the lockout notice. 14. Write in the date scheduled for the lockout. (You can find this on the lockout notice.) 15. Write in the date the Judgment was entered. (Same as Item No. 8 above.) 16. Write in the date you are requested the lockout be extended to. (Same as Item No. 5 on previous page.) 17. You must tell the court was hardship you would suffer. (Example: You are elderly, a single parent with children, very low income, disable or ill.) American LegalNet, Inc. www.FormsWorkFlow.com Ex Parte Stay of Execution Page