Stopping an Eviction After an Emergency Motion Was Not Filed
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 26, 2026
Legal Inquiry
Consumer Legal Issue
I filed an emergency motion on Friday to stop my invention and I called the eviction line and the person did my emotion emergency and it never been filed to stop it and I have a child that is nonverbal and I'm supposed to get evicted today.
Honestly I don't remember when I received it I wasn't home when I seen it on my door.
Attorney Answer
No eviction can lawfully happen today except by a sheriff or constable physically executing a court judgment — a landlord has no legal right to remove a tenant through self-help under Massachusetts law (General Laws c. 184, § 18) — so the first thing to confirm is whether a constable has actually posted a 48-hour notice of execution.
If no such notice has been posted, there is no lawful eviction pending today, regardless of what was said on a phone call. Possession can only be recovered through a court eviction action or another proceeding a constable or sheriff carries out under court authority.
Separately, in a no-fault eviction, General Laws c. 239, § 9 allows a court to stay execution of the judgment, even the same day, for hardship — up to six months, or up to twelve months where the home is occupied by a person with a disability, which can include a child. A nonverbal child's needs are exactly the kind of hardship courts weigh under this provision.
Because the earlier emergency motion was never actually filed, the priority now is direct court contact, not general resource-gathering.
What you can do:
1. Call the housing court clerk's emergency line today, explain the motion was never filed, and request an emergency hardship stay of execution under General Laws c. 239, § 9.
2. Ask directly whether a constable has posted a 48-hour execution notice, since a lawful eviction cannot happen without one.
3. Describe the child's needs to the clerk or judge as hardship grounds for a stay.
⏱ Time limits apply. A constable-executed eviction can proceed on only 48 hours' notice, and a stay request needs to reach the court immediately today. A local attorney should be consulted right away to confirm the case's exact status and any deadlines that apply in this specific situation.
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Courts & Legal Aid in Massachusetts
- File or look up a case through the Massachusetts Court System, which serves the state.
- Get free civil legal help from MassLegalHelp.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
- Visit HUD — Housing Discrimination Complaint to report housing discrimination.
- Visit CFPB Consumer Tools to tenant, mortgage, and eviction resources.
Frequently Asked Questions
Can a landlord remove a tenant without a court order?
No — in many states, only a sheriff or constable executing a court judgment can lawfully remove a tenant; self-help eviction by a landlord is generally illegal.
Is there a way to delay an eviction for hardship reasons?
Many states allow a court to grant a stay of execution for hardship, sometimes for an extended period when a household includes a person with a disability.
What should I do if I believe a filed motion was never actually submitted to the court?
Generally, contacting the court clerk directly and requesting emergency review is the fastest way to confirm a filing's status and address any urgent deadline.
