Can You Stop An Eviction Order?greenspun.com : LUSENET : Repossession : One Thread
Is it at all possible to adjourn/delay or alter an Eviction Order? I am about to start a well paid job, and have offered to pay more each month than under the Posession Order but still GMAC won't listen, has anyone got any ideas?
-- Paul Lewis (email@example.com), October 19, 2002
Hi, it depends on the terms of the eviction order, if you attended court and pleaded for time to pay, quoting the fact that you are about to start work then the judge can put a stay of the execution, thereby rendering the order "suspended". or "set aside" this means that you have to keep to the payment regime specified by the judge. If you further default on this arrangement the court can "unsuspend" the order, which means that the BS can take posession. I believe that you can still do this even if you have been given an eviction order, but you would need to bone up on the procedure on the court service website. Good Luck.
-- John (firstname.lastname@example.org), October 20, 2002.
Cheers John, I am to see a solicitor at noon 22.10.02 and this info will give me confidence, Thanks again Paul
-- Paul Lewis (email@example.com), October 20, 2002.
After you have seen your solicitor check out this site, you will need them. www.daviddale.co.uk
-- m. mowse (firstname.lastname@example.org), October 20, 2002.
You'll need to make an application to the court to have the eviction order suspended. Form N244 from the court service website (www.courtservice.gov.uk under the link 'forms and leaflets') is the one that you need.
Basically you just ask for the Eviction Warrant to be suspended on the grounds that you have been offered a well paid job on X amount per year and can afford to pay X amount per month under the possession order.
You should provide the letter offering you the job as evidence of this.
You have a choice of having a telephone conference hearing, a 'proper' court hearing or no hearing at all (where the judge will read your application and decide) and your solicitor will be able to advise you which you should ask for.
Good luck, do let us know how you get on.
-- pendle (email@example.com), October 20, 2002.