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Wrongful Possession Meaning In Miami-Dade
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State:
Multi-State
County:
Miami-Dade
Control #:
US-000303
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FAQ
The records of the court stay there forever, but it's likely that credit and legal reporting databases like Equifax have to remove them at some fixed period of years. Please don't use this as an excuse to lie about a prior eviction to a landlord. This q is related to what you're asking, assuming you're in California.
You must determine, prepare, and file the appropriate complaint with the Clerk & Comptroller. The complaint filed will be based on the actions you wish taken by the Court (for example: possession of the property, demand for rent due, etc.). Include a copy of the notice you provided the tenant.
Once the Unlawful Detainer lawsuit is filed and the tenant has been served, the court proceedings begin. This stage determines whether the landlord has legal grounds to regain possession of the property. Deadline to Respond: Tenants have 10 business days from the date they were served to file a response with the court.
In Florida, evictions stay on court records permanently and on credit reports for seven years, seriously hindering a person's ability to find new housing and negatively affecting their credit.
The only thing you can do at this point is file a Motion to Stay Execution of Writ of Possession. This motion will put the execution of the eviction order on hold for up to 10 days.
You must determine, prepare, and file the appropriate complaint with the Clerk & Comptroller. The complaint filed will be based on the actions you wish taken by the Court (for example: possession of the property, demand for rent due, etc.). Include a copy of the notice you provided the tenant.
The claim can be filled and submitted online at the Miami-Dade County Clerk's Office. You may print out the application and file the claim in person at a local courthouse if you choose. More resources are available on the Miami-Dade County Law Library site.
After a judgment of possession is rendered by the court, the judge may then issue a writ of execution to begin the transfer of property. The judgment for possession states the plaintiff has a right to the property; the writ of execution actually begins the transfer process from a judgment debtor to a plaintiff.
Await a response: 1 - 7 days. Court enters a default judgment or assigns a hearing date: 5 - 7 days. The clerk of court enters a writ of possession: 1 - 3 days. Sheriff executes writ of possession: 1 - 7 days.
Step by Step Instructions STEP 1 - Write a letter asking the person(s) you are trying to remove to leave the home and give it to the person(s) ... STEP 2 - Complete the forms to start the case. STEP 3 - Complaint. STEP 4 - Make copies. STEP 5 - Mailing. STEP 6- Filing your case. STEP 7 - Notifying the other party (Defendant)