Choose an Expert

Choose an Expert

Fast, affordable, 1-on-1 assistance

As low as $19
Fast, affordable, 1-on-1 assistance
Lawyer

Ask your own question to a Lawyer online now

As low as $19

Lawyers

If we file for small claims, will it pause...

Resolved • Response time 1 minute

21 Sep 2021

If we file for small claims, will it pause the eviction?
Read Less

21 Sep 2021

Ask your own question
Lawyer's response
21 Sep 2021
Elizabeth
Elizabeth
Law Clerk II

Welcome and thank you for using Just Answer. My name is ***** ***** I'm the attorney who will be assisting with your legal question. So I can best help, are you filing for a stay with your small claim?

21 Sep 2021
Customer reply
21 Sep 2021
We are filing for wrongful and unexplained charges on our account and to remain in our home. They’re evicting us because of our bill
21 Sep 2021
Lawyer's response
21 Sep 2021
Elizabeth
Elizabeth
Law Clerk II

If you file it as a counter claim, then that would bring the issue into the eviction. If it's arising out of the same issue as the eviction, the small claims court likely would require the cases be joined anyway.

21 Sep 2021
Customer reply
21 Sep 2021
They were stating we only have 30 days until we are required to leave our home so we aren’t sure what to do then. We were hoping small claims court would give us time to fight it
21 Sep 2021
Lawyer's response
21 Sep 2021
Elizabeth
Elizabeth
Law Clerk II

If they haven't filed and just gave you the eviction notice, then filing in small claims can cause delay because your case is open first.

21 Sep 2021
Customer reply
21 Sep 2021
They just filed on Thursday. We have yet to receive any paperwork on anything but we don’t want to lose our home. We are trying to act as fast as possible.
21 Sep 2021
Lawyer's response
21 Sep 2021
Elizabeth
Elizabeth
Law Clerk II

A motion to stay and a counter claim can do that.

21 Sep 2021
Customer reply
21 Sep 2021
Where would we file a motion to stay?
21 Sep 2021
Lawyer's response
21 Sep 2021
Elizabeth
Elizabeth
Law Clerk II

If they've already filed the eviction, in the same court.

21 Sep 2021
Customer reply
21 Sep 2021
Okay thank you
21 Sep 2021
Lawyer's response
21 Sep 2021
Elizabeth
Elizabeth

You're very welcome.

Customer rating:
Elizabeth
Elizabeth
Law Clerk II
Avg. question only $36
Expert
21 Sep 2021
Your question matters. Elizabeth and 6 other Lawyers are ready to help. Ask your own question

Ask your own question to a Lawyer online now

  • 100% money-back guarantee
  • Prices start as low as $19
  • Join 8.5 million satisfied customers
Conversations are covered by our Disclaimer.