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Stopping An Eviction

If you have received a notice from a marshal that you are to be evicted you must come to court as soon as possible. This is a very serious matter, and you must take care of it immediately. If you do not take care of it, the marshal may remove you and your property from the apartment. You can call the marshal's office to find out if the marshal has scheduled your eviction yet. The phone number for the marshal's office is on the notice.

Bring the notice and any other papers that you have received from your landlord, including any rent receipts, to the court. To find out where to go in your county to try to stop or delay your eviction, refer to Locations.

At the courthouse you will fill out an affidavit in support of an Order to Show Cause. The type of affidavit depends on whether you ever answered or appeared in the case. You will fill out an affidavit explaining why you should not be evicted.

If you never answered a petition and the petitioner obtained a default judgment against you, you will fill out an Affidavit In Support of An Order To Show Cause to Vacate A Judgment Based Upon Failure To Answer. In the affidavit you will explain the reason you did not answer the petition - for example - you never received a copy of it. You will also explain your defense to the proceeding - for example - you paid all the rent. You can use the free DIY (Do-It-Yourself) Form to make your Affidavit in Support of an Order to Show Cause.

If you answered a petition, and a court order or stipulation resulted, or you did not appear in the courtroom and a default judgment was entered, you will fill out an Affidavit in Support of an Order to Show Cause To Vacate A Judgment. If you need more time to pay a judgment or an order, indicate how much time you need and why in the affidavit.

The clerk will send your papers, along with the court file to the judge who handled your case. You may have to wait in the clerk’s office or to go to the courtroom where your papers have been sent. The Judge may sign your order to show cause and stop the eviction until the case can be heard. In some situations, the judge may sign the order but not stop the eviction. The Judge may also sign the order to show cause, but place conditions, such as paying the rent or bringing proof of funds to pay to court. You must read the order to show cause carefully.

If the judge signs your order to show cause, you must then serve the papers on the other side and on the marshal according to the directions in the order to show cause. You must return to the courthouse on the hearing date with proof of service at the time and in the room designated on the Order to Show Cause.

If the judge declines to sign your order to show cause, or signs it upon conditions that you do not agree with, you may challenge this determination by going to the Appellate Term. You may go to Locations to find the address of the Appellate Term in your county.