Having a safe place to call home is essential when it comes to protecting your safety and emotional well-being. If you find yourself being served with an eviction notice, you could lose access to the property you call home. Many people think that an eviction is final, but there is the possibility to appeal an eviction by working with an experienced appeal attorney.
Here are three things that you need to know about appealing an eviction in order to increase your chances of filing a successful appeal in the future.
1. You need to file your appeal in the right court.
In order to ensure that your eviction appeal doesn't experience any unnecessary delays, you need to file the appeal in the court which has jurisdiction over your case.
If you were served an eviction notice by a constable or justice of the peace, then your appeal will need to be filed with the parish or district court governing your geographic area. If your eviction notice was served by the city, parish, or district court directly, then you will need to file with the court that handled the initial eviction proceedings. Filing in the right court is the first step to successfully appealing your eviction.
2. You must adhere to proper timelines.
If you are planning to appeal your eviction, then you will need to be familiar with the timelines that govern the appeals process. Many municipal governments place restrictions on the timeframe in which an appeal can be filed.
You will need to consult with your attorney to determine how much time you have to prepare and file your appeal in order to prevent having your case tossed out of court on a technicality.
3. You may need to secure an appeal bond.
Before you can legally file an appeal to your eviction, you may be required to secure an appeal bond. This bond is designed to protect the landlord while the appeal is being decided in court. This bond states that you will be responsible for any financial damages (including rent and legal fees) that your landlord sustains as a result of your appeal if you should lose.
Your monthly rent amount and the expected amount of time it will take to resolve your appeal are factors that can affect the amount of the appeal bond, so consult with the court to determine what type of bond is required in your case.
Being able to successfully appeal an eviction will ensure that you are able to continue living in your home. To increase the likelihood of a successful appeal you need to file with the right court, adhere to strict timelines, and secure an appeal bond.
