The person listed as the plaintiff/owner of this property in a UD case that got a default judgment because he never served us papers, has the sheriff coming in 5 days. He got the judgment either a few days before or possibly more likely after escrow closed and property transferred to new owners
The new owners state they know nothing of this and will not be apart of it
So when the sheriff shows up to evict me, I will show him dated papers that the property was sold and to whom. There also SHOULD be a rep on site from the new owners that will state the plaintiff listed is no longer the owner. I cant see how the sheriff can let the non-owner change locks on an apartment he doesn't own.
That should work correct?
Is there anything else I can say/do/have to help?
My goal is not to stay, I planned on moving anyway. Just not it 5 days
Sheriff coming to evict, but the person listed as owner does not own property anymore?
This will not work. The sheriff has a court order. He has to follow the order, he can not just up and decide the judge was wrong and you should be staying there.
You need to be out of there, or you will be bodily removed. No one, not even your supposed %26quot;new owner%26quot; can interfere with out facing arrest themselves.
Sheriff coming to evict, but the person listed as owner does not own property anymore?
No, that won't work.
Get a good lawyer.
The sheriff will be there to enforce the court's decree. The sheriff has no interest in deciding the case, determining who owns what, who sold what, etc. All the sheriff knows about or cares about is that the court issued an eviction order. The eviction order applies to you. If you're the person on the court papers, then you're outta there.
Keep in mind, too, that the lease you had with the previous owner transfers over to the new owner. Now, if the new owner and you mutually agree in writing to changes in the lease, that's fine. But if you were in violation of your lease with the old owner, then you're in violation...period.
Talk to a lawyer immediately. And start looking for a new place to live.
the only way to stop a court order is to get the judge to rescind it. The sheriff has no authority to not follow the court order. He is just a sheriff there to follow the direction of the court. The court gave the order to get you out. Only the court can stop the order.
What you need is a lawyer to get a temporary injunction stopping the court order until a judge can officially rescind it. Without that, you will be put out by the sheriff.
Good Luck!
