Lake Ozark, MO asked in Bankruptcy, Foreclosure, Real Estate Law and Landlord - Tenant for Missouri

Q: Am i safe from being evicted?

The home I live in is owner financed and I got behind on the payments the owner is taken me to court and was granted a default judgement. Then on may 31 Casenet shows he went back to court and got an execution/garnishment on Saturday June 1 I got a letter from the owners lawyer stating that I would need to leave my home immediately and that he would be here with the sheriff in a few days to change the locks. All of my personal belongings will need to be removed or they will be forfeited to the owner. I just today June 5 claimed chapter 13 in hopes to get the automatic stay and save my house. I'm not sure if that will work or if I need to do something else. Can he legally throw me out like that giving me "a few days"?

2 Lawyer Answers
Ronald J. Eisenberg
Ronald J. Eisenberg
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: The automatic stay is in effect but you ought to file a suggestion of bankruptcy with the circuit court and notify the opposing attorney.

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

A: The automatic stay will slow them down but you might start looking for another place.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.