Motion to lift stay of proceedings in a county court eviction/FED case. For use where defendant files for bankruptcy after judgement for possession, but before writ of restitution is executed. Not applicable if defendant filed their bankruptcy properly, with required certification and posted rent payments with bankruptcy clerk. In that case, see my bankruptcy Motion for Relief for Stay.
A Writ of Restitution is a document that authorizes the U.S. Marshals Service to schedule an eviction of the tenant. After the Writ of Restitution is filed, the Clerk’s Office sends the writ to the U.S. Marshals Service. When a court orders restitution it orders the defendant to give up his/her gains to the claimant.