Can a tenant stop a lockout by writ of possession served by a sheriff? : ezLandlordForms

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Can a tenant stop a lockout by writ of possession served by a sheriff?

Cheryl M

started a topic over 12 years ago

I have filed an unlawful detainer, there was no response, I filed a default judgement by clerk, a writ of execution for possession, filed with the sheriff to do a lockout, received my time and date for the lockout (next tues. at 1:25pm (today is Friday)). The tenant now calls me and says that she is filing for an extension of time and that the courts have asked her to call me and let me know because I do not live in California, where the property is. What could she be filing? She said she has to go before a judge and that the phone call to me was all she needed to advise me that she is filing for an extension and that is good enough for the service. I called the sheriffs dept. and they said that the lockout is still on and that they would need a court order to stop it. Can anyone tell me what to do or what she may be doing?

1 Comment

Donna

said over 12 years ago

The sheriff is supposed to go and do the lock-out. IF the tenant has some type of extension, the sheriff would then be notified before any locks are changed and the tenant is put out. NEVER take a tenant's word for this. Check with the courts yourself!