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One of the most painful parts of being in debt is the fear of losing your home, whether you’re renting or paying a mortgage. While filing for bankruptcy in Raleigh can help, there are certain things you need to know about how an eviction works in this situation.
Eviction and Bankruptcy: You Need to Act Quickly
If you want to stop getting evicted by filing for bankruptcy, know that every minute counts. We recommend you contact the Weik Law Office right now if you’re facing an eviction. Filing for bankruptcy can provide relief only if:
- The eviction process hasn’t progressed too far yet
- Your landlord didn’t allege a dangerous condition or drug use in the eviction matter
If you’re not sure which is the best chapter to file for, please start by reading our article on the Differences Between Chapter 7 vs. Chapter 13 Bankruptcy in Raleigh.
How Your Landlord Will Start an Eviction Case
In most states including North Carolina, your landlord must first file and win their court case before they can evict you. Afterwards, you’ll receive a copy of the document. Should you file a response, the court will give you a trial date.
During the trial, your landlord is required to prove their eviction case against you. If they win, the judge will give them a ruling that your landlord can legally use to evict you. This is typically known as a judgment of possession or an eviction judgement. Here’s the catch.
Once your landlord receives that judgment, even filing for Chapter 7 and Chapter 13 bankruptcy in Raleigh won’t help most people.
This is why we highly encourage you to get in touch with us ASAP if you’re planning to file for bankruptcy and you’re already behind on rent, or you worry you’re going to fall behind soon.
How to Stop an Eviction Today Using the Automatic Stay
In most cases, the key to temporarily stopping an eviction is to file BEFORE your landlord receives an eviction judgment. Here’s how that works:
Filing for bankruptcy in Raleigh, NC triggers something called the automatic stay, which we discuss in-depth in this article. The automatic stay is designed to give you temporary relief from debt collections, and that includes pending eviction actions.
The good news is that you can file with Weik Law bankruptcy lawyer in Raleigh NC anytime. In case of emergencies, we can even help you file an abbreviated or skeleton filing, which will give you more time to file the remaining documents while already triggering the automatic stay.
Protect Your Home Now with the Help of Weik Law Office
Again, it’s important to act NOW if you’re facing eviction due to your debts. We can help you, but when it comes to evictions, time is of the essence. Let us help you protect yourself, your home, and your loved ones with all the powerful tools provided by bankruptcy law.
Contact Weik Law Office today at 919-845-7877 to schedule a FREE consultation with one of our trusted and friendly bankruptcy attorneys.