When Diante’s landlord obtained a writ of possession, he faced the possibility of being removed from his home with very little time to determine what to do next. The eviction case also placed him at risk of a $3,933 money judgment, which could have created an additional financial burden long after he moved.
When the HCAC team reviewed Diante’s case, they identified an important issue: the landlord had accepted rent from Diante after the writ of possession was granted. The attorney acted quickly, drafting and filing an Emergency Motion to Vacate the Writ of Possession on Diante’s behalf.
The court granted the emergency motion, stayed the writ of possession, and directed the clerk to schedule a hearing. This stopped the immediate eviction process and gave Diante an opportunity to have her circumstances considered by the court.
Before the hearing, the parties reached a consent agreement. Diante agreed to move out of the property within 15 days, giving him additional time to plan his next steps and leave without the immediate threat of displacement. In return, the landlord agreed to dismiss the claim for a money judgment.
Although Diante still had to move, AVLF’s intervention changed the outcome of his case. He received valuable time to prepare and avoided a $3,933 judgment that could have made it even more difficult to secure future housing and regain financial stability.