Can an Eviction be Stopped?
They certainly can! If you have received an eviction notice, then you should be able to stop the eviction from taking place. You will need to get court document form N244, complete an income and expenditure, plus any other information that will help you in court. In this post you will learn how these documents were used to stop an eviction, even if there are only hours left before it is due to take place.
How to Stop an Eviction
I had previously posted this on another site, but I think it is worth posting on this site. I was contacted on two occasions this week, on call was from Martin Xx who is based in Hertfordshire and the other call was from Helen Xx who was based in Branbury. Martin call in a bit of a panic as he was due to be evicted in a couple of days time. Over the course of the day and a few phone calls, we managed to start the ball rolling in stopping the eviction.
Form N244 Stops an Eviction
Using Court Document Form N244, it is not too difficult to stop an eviction. During the course of the day, I explained to Martin how to complete form N244. However, just completing an N244 will not alone stop an eviction. In order for your case to be put in front of a Judge, yes you do need to fill out form N244, but you also need to supply additional information, that will show the Judge that you are making an effort to resolve the problem. A detailed income and expenditure needs to be completed also. This will show the Judge that you do have the ability to make payments in order to stop an eviction.
Additional Documentation Helps Stop and Eviction
So we now know that an N244 and and Income and Expenditure are important, but what else? I often find that if you can also present additional evidence, showing what the cause of you going into arrears was, can be useful. So, if you are able to present this sort of information to a Judge, then this will certainly help your case. Remember also when talking to the Judge, be respectful and polite (you do want the Judge on your side). One thing that I do know is, a Judge never wants to evict someone, especially if they are making an effort to resolve their debt problem.
Court Hearing to Stop Eviction
So with the Form N244 filled out and a fist full of additional documentation and of course the court fees, Martin headed to his local courts and submitted his documentation and fees. The eviction was stopped and a date was set that week for a court hearing. Martin attended court and explained to the Judge how he got into trouble and also with the help of his Income and Expenditure, showed the Judge how he intended to get out of his financial predicament.
I can confirm that Martin is no longer facing eviction! Martin is able to make his monthly mortgage payments, as well has making small payments towards his arrears.
Eviction Taking Place Tomorrow
So now we get onto the conversation that I had with Helen Xx; I received a call from Helen at 1130 in the morning and Helen informed me that she was about to be evicted. I asked when, and the reply was tomorrow morning at 1030. Oh hell, now that is leaving it to the last minute! I asked Helen if she had a Form N244, and she said yes, I read on your blog that would need one. So I went through the process of how to fill out form N244. In this case we had to act really fast to try and stop the eviction. Hurriedly, we went through the income and expenditure form, and it did show that there was an opportunity to resolve the arrears and make payment to prevent an eviction.
Informing the Bailiffs of Form N244 to Stop an Eviction
Now obviously, with an eviction taking place the next day, I felt that it may be a good idea to ensure that the bailiffs where aware that Form N244 was being submitted to the courts, in order to stop an eviction. So immediately, a copy of the N244, Income and Expenditure and also a covering letter where faxed over to the bailiffs.
Court Hearing to Stop an Eviction
Helen then went to her local court with the N244, Income and Expenditure, also additional documentation and of course the court fees. The staff at the courts were very helpful and Helen submitted to them the documents and fees. She was asked to sit and wait………………….. They then came back and said that the Judge would see her now (emergency hearing). Helen saw the Judge, explained the situation, and went through her evidence to convince the Judge that there was a better solution than being evicted.
Because of the evidence and explanation, the Judge agreed there was a solution and the eviction was stopped. More importantly, the bailiffs were informed.
Preparation Prevents Eviction
It is always best to prepare documentation and evidence well in advance. But as you can see, even at very short notice, evictions can be stopped.