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Ex. VT-046 Order Primary source read

2020 Acts and Resolves No. 101

An act relating to establishing a moratorium on ejectment and foreclosure actions during the COVID-19 emergency

Vermont General Assembly (S.333), signed by Governor Scott May 14, 2020 · Vermont (State)

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The record

Jurisdiction
Vermont
Level
State
Authority
Vt. Const. ch. II
Issued
2020-05-14 May 14, 2020
Effective
On passage (May 14, 2020); 'emergency period' defined as beginning March 13, 2020 (read as 2020-05-14)
End
The emergency period ended 30 days after the Governor terminated the state of emergency: the emergency expired June 15, 2021 (VT-044), so the stays ran to July 15, 2021; service deadlines ran 60 days after the emergency period ended (read as 2021-06-15)
In force
May 14, 2020 to June 15, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Courts and public officesOther
Addressees
  • landlords and residential mortgage lenders
  • courts of this State
  • sheriffs and constables
  • tenants and mortgagors
Functions reached
  • PM property management (evictions)
  • SV servicing, collections and foreclosure
  • ML mortgage lending
  • CL closings (foreclosure sales)
  • CT courts
  • CB
Collection
Vermont VT

Operative words

'Emergency period' means the period beginning with the Governor's declaration of a state of emergency on March 13, 2020, arising from COVID-19, and ending 30 days after the Governor terminates the state of emergency by declaration... all pending actions for ejectment under 12 V.S.A. chapter 169, actions for foreclosure under 12 V.S.A. chapter 172, and any outstanding orders in those actions that could lead to execution of a writ of possession against a tenant or resident are stayed until the end of the emergency period... The court shall stay the action as of the date of filing until the end of the emergency period... The plaintiff shall not attempt to serve and a sheriff or constable shall not serve any civil process... During the emergency period, a court shall not issue a writ of possession.

Enforcement

Statutory stay administered by the Superior Court; A.O. 49 § 21-22 certifications (VT-052 chain)

Notes

Also stayed writs already issued (§ 1(f)) and set rent-escrow rules for hearings within 45 days after the emergency period; in force for the first fifteen days of the third quarter of 2021.

Retrieval note

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