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Stopping an eviction

You can apply to have the warrant suspended by applying to the County Court.

Making an application to the court

You will need to complete form N244: Make an application to a court (application notice). This can be done at any time before the eviction date.

You will need to take your completed form to the county court.

It is in your best interest to show up in person and try and get some legal representation.

Application fee

A fee is payable but:

  • if you are in receipt of Income Support or IBJSA, Universal Credit, Pension Credit and someone in receipt of Working Tax Credit and Child Tax Credit, you can apply for an exemption.
  • if you are on a low income, you may be able to apply for a remission

In both cases applications must be made on form EX160 and should be taken to the court at the same time as the N244, along with recent proof of your income including benefits.

Forms

You can download forms N244 and EX160:

Paper copies are available at Birmingham County Court.

Next steps

The court will then fix a new hearing, usually before the eviction date. You must attend the new hearing.

If you do not attend, the court is unlikely to suspend the warrant.

If the court decides not to suspend the warrant, you will be given an eviction date.


Page last updated: 2 August 2024