I bought a bank owned property 6 months ago in virginia. I am the rightful owner of the property since then. At that time the property was occupied by previous owner and is still occupied (unlawful detention) to this day. the occupant has been previously found to be in unlawful detention by the judge. My lawyer filed for writ of possession and was subsequently granted and forward to the Sherrif's office. On the day the eviction was to be executed by the sheriff, the occupant filed for chapter 13 Bankruptcy. The sherrif's office informed that they will not serve the writ of possession to the occupants. What option do I have now? should the writ of possession be still executed or my only option is to file Motion for Relief of Stay. Another question is, Can I sue the occupant for lost income and attorney fees as the result of occupants actions.
Side note: I am not sure if the occupant already knew about writ of possession or not, because on the same day as sheriff was going to evict the occupant, the occupant filed for chapter 13. I am a little confused about this, if the occupant had knowledge about the writ of possession shouldn't the sheriff still have executed the eviction?
Side note: I am not sure if the occupant already knew about writ of possession or not, because on the same day as sheriff was going to evict the occupant, the occupant filed for chapter 13. I am a little confused about this, if the occupant had knowledge about the writ of possession shouldn't the sheriff still have executed the eviction?
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