Posted On: June 22, 2010

What Do I Do If I Receive A Notice of Eviction?

A Sacramento bankruptcy attorney asks...What Do You Do If You Receive A Notice of Eviction?

If you receive a notice of eviction its best to leave the property. An even better step is to leave the premises before getting a notice of eviction. That will keep an eviction off of your credit report and not present a red flag to any future landlord.

In contrast, if you’ve overextended your stay and the landlord has won an eviction proceeding against you and has a judgment for possession then the filing of a bankruptcy will halt eviction only if the tenant pays one month of rent to the bankruptcy clerk and files a certification that states that the state court judgment permits the tenant to stay in the premises upon satisfaction of the entire judgment amount and has made a deposit of one month’s rent with the bankruptcy clerk. This allows the tenant have the advantage of the automatic stay injunction and stay in the premises for 30 days. To stay longer than 30 days the tenant must satisfy the amount stated in the judgment for possession to the Clerk of the Bankruptcy Court within the 30 day period that he’s in the premises.

The rules allowing a person facing eviction do not provide much relief. If the tenant could come up with the one month’s rent and the amount satisfying judgment he or she would have just avoided the eviction mess altogether and found another place to stay.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Sacramento and Roseville!

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