Stage 3 Of A Repossession - What Will Happen After The Court Hearing

If the judge adjourned your case because a decision could not be made for some reason then a new court date will probably be set. In some cases the lender may have to apply again to the courts. During this time you are able to remain in your home and will be safe from eviction for the time being, there may be conditions set out by the judge such as you paying off a certain amount of what you owe during this period of time. The case can be adjourned if the judge needs to look into it further and needs additional information from either party. Other reasons why a judge could adjourn include if you can show you are able to repay a lump sum off the arrears but need more time in which to do so or if you have found a buyer for your property but need time in order to complete the sale.

If the judge has ordered you to be evicted from your home then you will have to vacate the premises within a given time. This is usually within 28 days of attending the court hearing, however in certain cases you could need more time if for example you are elderly, suffer an illness or there are very young children living at home. In this case some flexibility is usually given by the court.

If you have not left your home when the due date arrives then the lender will have to return to court to ask that bailiffs remove you. Only bailiffs can remove you from the property however they are not allowed to use violence to remove you but they can use what is considered to necessary force in order to be able to gain access to the property. If they believe they might need it then bailiffs can ask for help from the police and in this case police may be present at the time. The police cannot remove you from the property but are there to maintain a peaceful eviction. Once you have been removed bailiffs will change the locks so that you are unable to get back into the property. If you have failed to remove all your belongings you will only have a short period of time in which to return and remove them, usually within 14 days. You will have to make arraignments to collect them and you will not be allowed back into the premises alone.

The information above regarding repossession is meant to assist you but is not definitive. You should not rely on any repossession information published on this page. You are advised to seek independent legal advice at an early stage.

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