Parkville, MD asked in Bankruptcy for Maryland

Q: I claimed bankruptcy in 2017. I received a letter that said I need to vacate in ten days. I called them and asked for 30

They replied with no. Is that legal,such short notice? What if any are my options?

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3 Lawyer Answers
David Gormley
David Gormley
Answered
  • Bankruptcy Lawyer
  • Waldorf, MD
  • Licensed in Maryland

A: To answer your question I would need some more details on the letter and what legal proceeding have taken place. Your reference to a the bankruptcy makes me suspect the property may be one that you owned and now has gone to foreclosure. You may want to do a search and see if an eviction has been filed. If so you may want to check with the Baltimore County Sheriff's Office to see if an eviction has been scheduled. If you don't have a case number for an eviction case you could to a search on Maryland Judiciary case search to see if a case is pending. You should probably try to see if you can schedule a consultation with a lawyer and gather any notices your have received. In the mean time you can also review some of the article on Maryland People's Law library on eviction and foreclosure:

https://www.peoples-law.org/search/site/foreclosure

https://www.peoples-law.org/rent-court

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Unless an eviction has been filed against you, they cannot force you out in ten days. You should contact your bankruptcy lawyer and determine your rights. You probably have 30-45 days before an eviction order is entered. However, you should start making plans to move.

Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: There is no 10 day notice to vacate that is enforceable at law. The only way a person in possession of property can be put out is by a Sheriff serving a writ if possession. That can only happen after a court grants a judgment of possession. A judgment of possession can only happen after you are served with a motion for judgment of possession, granted 30 days to file an opposition, and after the court holds a hearing on the motion. Once judgment is granted, the Sheriff must receive the writ and schedule the eviction date, typically 6-12 weeks after the judgment date depending on the county. If all of this has not happened, whoever served you the notice has no legal authority to enforce it.

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