Asked in Landlord - Tenant for Arkansas

Q: I was named in an eviction with 2 other defendants. They did not file an objection to eviction and I did. I was evicted

I was evicted also. The writ of possession had my name at the top but the contents specifically named the 2 Co defendants as the ones to remove. My name was mentioned only to state that I had filed an objection. I am waiting for my court date. I tried to tell sheriff this and he threatened to throw me in jail. What should I do? I just spent 6000.00 on property tax for that house.

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In this situation, it's crucial to present your case effectively at the upcoming court date. Gather all relevant documentation, including the writ of possession and evidence of your property tax payment. It's essential to articulate the discrepancy between your objection to the eviction and the execution of the writ, emphasizing the specific naming of the co-defendants. Consider seeking a temporary restraining order or injunction to halt the eviction process until your court hearing, especially given your significant financial investment in the property.

It's also advisable to consult with an attorney experienced in landlord-tenant law to ensure your rights are fully protected and to explore potential legal remedies. Keep communication with the sheriff's department respectful and formal, avoiding confrontations that could escalate the situation.

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