what does stay per attorney mean

In the legal context, a stay is a court order preventing further action until a future event occurs, or the order is lifted. A stay of execution prevent someone from having the death penalty carried out for a specified period of time. A stay may be granted top allow a party to provide evidence that would prevent the order from being carried out.

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What does stay mean in law?

In the legal context, a stay is a court order preventing further action until a future event occurs, or the order is lifted. A stay of execution prevent someone from having the death penalty carried out for a specified period of time. A stay may be granted top allow a party to provide evidence that would prevent the order from being carried out. The filing of a bankruptcy case, under any …

What is a stay of proceeding in a criminal case?

A stay is a suspension of a case or a suspension of a particular proceeding within a case. A judge may grant a stay on the motion of a party to the case or issue a stay sua sponte, without the request of a party. Courts will grant a stay in a case when …

What is the difference between a stay of proceeding and withdrawal?

Attorney General may direct stay. 579 (1) The Attorney General or counsel instructed by the Attorney General for that purpose may, at any time after any proceedings in relation to an accused or a defendant are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by the …

What does it mean when a court order is stayed?

Jan 19, 2013 · 3 attorney answers. Posted on Jan 19, 2013. A "stay of imposition" of sentence is when a court accept a guilty plea or verdict, convicts the defendant, but stays (or postpones) the impostion of a sentence. Generally that "stay" or abeyance of sentencing, is conditioned upon several conditions. If one or more of the conditions is substantially violated, the court can …

What does stayed mean in real estate?

Sometimes the borrower finds money to pay the loan off, or wants to notify the court of illegal actions taken by the lender. In this case the court will often "stay" or pause a writ while the evidence is examined, in which case the property is not foreclosed until the court can make a decision.

What does stayed mean in an auction?

A: A Sheriff Sale can be stopped by (1) the writ being stayed --that is all proceedings involving the sale of property is stopped; (2) a court order; (3) a bankruptcy being filed.

What happens when your house goes up for sheriff sale in PA?

After the Sheriff's Sale, you have the right to challenge the sale under very limited circumstances. If you do challenge the sale, you must file a Motion to Set Aside the sale before the Deed is transferred by the Sheriff to the buyer or the mortgage company. By law, the Deed cannot be transferred for 21 days.Nov 5, 2014

How long do you have to move after a sheriff sale in PA?

Homeowners have 9 months from the sale of their property to file for redemption. By paying all due taxes, fees, expenses and repaying the auction price and interest, homeowners have the right to get their home back.Jan 16, 2019

How long is a Writ of Execution good for in Pennsylvania?

These judgment liens on property are valid for twenty (20) years in Pennsylvania.Mar 16, 2022

Is there a foreclosure redemption period in Pennsylvania?

Some states also provide foreclosed borrowers with a redemption period after the foreclosure sale, during which they can buy back the home. Pennsylvania law doesn't provide a post-sale redemption period.

What is a sheriff sale in PA?

Sheriff's sales are held on the second Thursday of each month at 10:00am on the third floor of the Court House Annex Building. The Sheriff's sale is an auction of the mortgaged premises pursuant to a judgement and Writ of Execution.

How do you fight an ejectment in PA?

The completed complaint in ejectment can be filed in City Hall room 296 over-the-counter or electronically through the Civil Electronic Filing System at http://courts.phila.gov. The contact number for room 296 is 215-686-4251. Once your complaint has been processed, you must have it served on the occupant.

How long does an ejectment take in PA?

In Philadelphia, PA an ejectment is a legal process to remove a squatter from property. The time frame is four months to a year depending on whether the defendant takes action.

How do you stop a sheriff sale in Philadelphia?

A petition to set aside is a legal document filed with the court. In the petition “any party in interest” may ask a judge to set aside or cancel the sheriff sale. In Philadelphia many judges are receptive to these petitions because they understand the properties are being sold without consent of the prior owner.

What is a stay in court?

A stay is a suspension of a case or a suspension of a particular proceeding within a case. A judge may grant a stay on the motion of a party to the case or issue a stay sua sponte, without the request of a party. Courts will grant a stay in a case ...

What is a stay in federal court?

One case is filed in federal court, and the other case is filed in state court. In this situation one of the courts may issue a stay in deference to the other court. The stay enables the defendant to concentrate on one case at a time.

What is a stay in bankruptcy?

The term stay may also be used to describe any number of legal measures taken by a legislature to provide temporary relief to debtors. For example, under section 362 (a) of the Bankruptcy Code, a debtor who files for bankruptcy receives an automatic stay immediately upon filing a voluntary bankruptcy petition.

Why do courts stay proceedings?

A court may stay a proceeding for a number of reasons. One common reason is that another action is under way that may affect the case or the rights of the parties in the case. For instance, assume that a defendant faces lawsuits from the same plaintiffs in two separate cases involving closely related facts. One case is filed in federal court, and ...

How long can a civil case stay?

Under rule 62 of the Federal Rules of Civil Procedure, every civil judgment is stayed for ten days after it is rendered.

What does "stay abreast" mean?

stay abreast of. stay abreast of (someone or something) stay abreast of someone or something. stay after. stay after (one) about (something) stay after (someone or something) stay after about. stay after about it. stay after about something.

Can a court grant a stay of execution?

It usually is granted when the judgment debtor appeals the case, but a court may grant a stay of execution in any case in which the court feels the stay is necessary to secure or protect the rights of the judgment debtor. The term stay of execution may also refer to a halt in the execution of a death penalty.

What is a stay of proceedings?

A stay of proceedings initiated by the Crown is separate and apart from a judicial stay of proceedings. The power to stay prosecutions applies equally to Crown prosecutions and private prosecutions. Pre-enquete, where the interests of the party advancing a private prosecution conflict with that of the Crown, the role of the Crown is paramount.

Who can direct stay a court case?

Attorney General may direct stay. 579 (1) The Attorney General or counsel instructed by the Attorney General for that purpose may, at any time after any proceedings in relation to an accused or a defendant are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record ...

What is the preclearance act?

579.001 (1) The Attorney General or counsel instructed by him or her for that purpose shall, at any time after proceedings in relation to an act or omission of a preclearance officer, as defined in section 5 of the Preclearance Act, 2016, are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by direction of the Attorney General if the Government of the United States has provided notice of the exercise of primary criminal jurisdiction under paragraph 14 of Article X of the Agreement.

How long can a stay of proceedings be recommenced?

(2) Proceedings stayed in accordance with subsection (1) [crown directed stay of proceedings] may be recommenced, without laying a new information or preferring a new indictment, as the case may be, by the Attorney General or counsel instructed by him for that purpose giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered, but where no such notice is given within one year after the entry of the stay of proceedings, or before the expiration of the time within which the proceedings could have been commenced, whichever is the earlier, the proceedings shall be deemed never to have been commenced.#N#R.S., 1985, c. C-46, s. 579; R.S., 1985, c. 27 (1st Supp.), s. 117.

How does the Crown recommence proceedings?

To recommence the proceedings the Crown must give notice to the clerk of the court. A new information is not required. The Crown must provide personal service to the accused and may use a summons to compel the accused to return to court.

What happens after a Crown stay?

Once a Crown stay has been entered, all custody or bail orders are released. However, not all matters relating to the prosecution die upon entering a stay. Breaches of conditions and failures to attend court while the charges were in force will continue.

When is a 579 permit application interpreted?

The language of s. 579 (1) has been interpreted as permitting application anytime after an information has been laid. It is not necessary that the Crown await for determination by the judge or justice to issue process.

3 attorney answers

A "stay of imposition" of sentence is when a court accept a guilty plea or verdict, convicts the defendant, but stays (or postpones) the impostion of a sentence. Generally that "stay" or abeyance of sentencing, is conditioned upon several conditions.

Thomas C Gallagher

Attorney Leone has as usual provided a thorough and concise answer with which I am in agreement. I recommend that you reach out to any attorneys licensed in MN that are reasonably close to you to discuss this matter privately and in a confidential setting. Posting on this site or anywhere else on the Internet do not enjoy any confidentiality.

William A. Jones Jr

When you were originally sentenced you most likely received a certain amount of jail time as a sentence, which was "stayed" by the order. What this means is that as long as you successfully completed your probation you would not have to serve that jail sentence.