Q: We were evicted from our house yesterday 11/23/20 I had no idea this was coming.A sheriff walked up & I said can I
help you the sheriff said you have 15 minutes to get out. I said what,why.He said evicted you have 15 minutes to get your stuff.Is this legal? I live in Florida.
I have checked online at clerk.net and also contacted Manasota Legal Aid they said they couldn't find any records of eviction
A: You should have been served with process, including notice of a hearing. If you don't remember being served, check with the court and see the return of service. Pursuant to that, you were apparently defaulted.
Bruce Alexander Minnick agrees with this answer
1 user found this answer helpful
A:
It doesn't happen this way absent a dishonest sheriff's deputy. Here's the process:
1. A 3 day notice is sent to you or posted on the door. The notice is generally sent certified mail/ return receipt requested.
2. If you don't pay or vacate, the landlord files a complaint for eviction.
3. The complaint and summons is served to anyone living there who is 15 years or older OR is posted on the door (under certain circumstances).
4. You have 5 days to answer the allegations of the complaint.
5. If no answer, the landlord can ask the court for a final judgment of possession.
6. The Court will review the circumstances of the service of process and if it appears on the face of the affidavit that service was proper, and all other requirements are met, the Court will enter the final judgment of possession, which should have been mailed to you.
7. The landlord obtains a writ of possession form the clerk and provides it to the sheriff, who then posts it, basically giving you 24 hours to clear out.
8. The sheriff's deputy then shows up to escort your from the premises.
If anyone at your house failed to inform you of the receipt of any of these documents, that's something you will need to deal with but its's not the court's problem, and not the landlord's. If a notice a posted and some kid ripped it off the door frame before you saw it, then that's a shame but won't change anything.
If, however, some or all of those steps were not followed, then you should seek the help of an attorney immediately. Even if all these steps were followed, you might still have some chance, so see an attorney. You can look up your case on your county clerk's website (do not look under Official Records - search under Court Records)
Good luck.
Terrence H Thorgaard and Bruce Alexander Minnick agree with this answer
1 user found this answer helpful
A: Hire an OUT OF COUNTY lawyer to look into all of this fishy smelling stuff.
1 user found this answer helpful
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