STATE OF INDIANA
) SS:
COUNTY OF MARION )
IN THE MARION SUPERIOR COURT 3
CAUSE NO. 49D03-2501-MF-002559
EMERGENCY MOTION TO STAY ENFORCEMENT OF WRIT OF ASSISTANCE
Defendant, Cody Rice-Velasquez, respectfully moves the Court for an emergency stay of the Writ of Assistance issued November 6, 2025.
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As explained in Defendant’s accompanying Trial Rule 60(B)(6) Motion, the Default Judgment is VOID due to improper service.
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A writ of assistance cannot lawfully be enforced when the underlying judgment is void.
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Defendant was not served with any post-sale “Demand for Possession” as required under Indiana practice before a writ may issue. Plaintiff falsely stated Defendant “refused to vacate” despite never making any demand for possession.
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Defendant has no safe place to move belongings immediately and requires reasonable time to retrieve personal property without risk of further deprivation.
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Defendant seeks only temporary stay of enforcement while the Court considers the 60(B) Motion.
WHEREFORE, Defendant respectfully requests that this Court immediately:
A. STAY enforcement of the Writ of Assistance;
B. Prohibit removal or disposal of Defendant’s personal property;
C. Set this matter for prompt hearing;
D. Grant all further relief just and proper.
/s/ Cody Rice-Velasquez
Pro Se Defendant