MY MOTION WIZARD
The Motion Wizard is a simple, powerful tool that helps any renter defend themselves in court. All you do is type in the most basic information and tell the Wizard a little bit about your situation. From there, it automatically builds a fully formatted, legally accurate motion designed to protect your rights and challenge your landlord’s case. You don’t need legal training or experience—just answer the guided questions, and the Motion Wizard produces a professional motion you can download, print, and file with the court to defend yourself with confidence.
What Is a Motion and Why It Can Protect Me From Being Evicted?
A motion is a formal request you file with the court to enforce your rights and challenge mistakes in your eviction case. When you file the right motion at the right time—such as a Motion to Quash Service or a Motion to Determine Rent—the judge must pause the eviction until your request is reviewed and decided. This pause can stop the lockout, block a default judgment, and force the court to address issues like improper service, inaccurate rent amounts, or violations of due process. In simple terms: a motion is your legal shield. It tells the court, “Something here is wrong, and you cannot move forward with this eviction until my rights are protected.” It’s one of the most powerful tools a self-represented tenant can use to defend themselves.
Make sure to ask our Chat Wizard anything you need to know about these Motions and how they protect you.
If you're unsure which motion to file, how to file it, or what each motion actually does, you can simply ask. Our system is designed to guide you through your options, explain how each motion works, and help you understand which one fits your situation. Whether you need to stop a default, challenge bad service, pause the eviction, or even take your case to an appellate court, you can ask questions at any time and get clear, easy-to-follow guidance. You don’t need legal training—just tell the system what’s happening in your case, and it will walk you through the best motion to protect your rights.
What Does Each Motion Do?
Motion to Quash Service (Stops the Eviction Until Service Is Fixed)
A Motion to Quash Service challenges the way the landlord served you with the eviction papers. If service was improper, the court cannot legally move forward with the case. Filing this motion immediately pauses the entire eviction process until the judge decides whether the service was valid. This protects you from being pushed into an eviction based on faulty or illegal notice and forces the landlord to follow proper legal procedures before the case can continue.
Opposition to Default / Motion to Set Aside Default
This motion is used when the landlord tries to obtain a default judgment or when a default has already been entered against you. It explains that you should not be punished for errors, lack of notice, improper service, or other due-process violations. By filing it, you protect your right to be heard by blocking or undoing a default judgment. The judge is then required to reopen the case and give you the chance to properly defend yourself. In many situations, this motion can immediately stop a scheduled lockout if the default is removed.
Motion for Determination of Rent (Triggers a Mandatory Pause in Many States)
A Motion for Determination of Rent challenges the landlord’s claimed rent amount and asks the judge to determine the true amount owed, if any. While this motion is pending, courts in many states cannot legally allow the eviction to proceed, creating a mandatory pause. This motion protects tenants from inflated rent claims, illegal fees, or incorrect balances. It forces the court to review the actual numbers before allowing the eviction to continue and gives you additional time and leverage by slowing the case down legally and properly.
Petition for Writ of Prohibition / Petition for Writ of Certiorari (Appellate Emergency Motion)
This appellate motion is filed when a lower court judge violates your rights or exceeds their legal authority. It asks the appellate court to step in immediately and stop the trial court from moving forward with the eviction. Tenants use this when a judge refuses to hold required hearings, ignores due-process rules, enters a default improperly, or skips or denies motions illegally. Appellate courts are specifically designed to correct unfairness, and they strongly disapprove when trial judges rush eviction cases or disregard tenant rights. Filing this petition can halt the eviction, void improper rulings, and force the lower court to follow proper law and procedure.
Florida Motion to Quash Service of Process
It doesn’t matter whether your case is in Orange County, Hillsborough County, Miami-Dade County, Duval County, or anywhere else in Florida—simply choose the court district from the dropdown menu that best matches where you live or where your eviction was filed. Once selected, just answer the brief questions that follow. Our system will generate a legally powerful, Florida-specific Motion to Quash Service tailored to your situation so you can protect yourself with confidence.
Florida Motion for Determination of Rent
Once your Motion to Quash Service has run its course and the judge instructs you to file an Answer, the next strategic step is the Motion to Determine Rent. This motion is designed to challenge the amount your landlord claims you owe and forces the court to stop the eviction clock once again while the judge reviews the true amount of rent in dispute. By filing a Motion to Determine Rent, you trigger another pause in the eviction process, giving you more time, more control, and another opportunity to stand up for your rights. This step ensures that you are never rushed into an unfair judgment and that every dollar claimed by your landlord is properly examined before your case moves forward.
Georgia Motion to Quash Service of Process
Whether your eviction case is in Fulton, Gwinnett, DeKalb, Cobb, or another Georgia county, all you need to do is choose the court that applies to you from the dropdown menu. After selecting your county, simply work through the questions on the form. Your answers will allow the system to build a precise, Georgia-specific motion designed to support your defense and give you a strong chance of stopping or slowing the eviction process.
What Do I Do If the Landlord Tries to Block My Motion With Their Own Motion for Default?
FIGHT!!! ROUND 2!!!
Sometimes landlords—or their attorneys—will try to shut down your Motion to Quash by filing a “Motion for Default,” asking the court to deny your motion without even giving you a hearing. When this happens, don’t panic and don’t back down. You simply respond by filing an Opposition to their Motion for Default. This opposition reminds the judge that, in both Georgia and Florida, it is illegal for the court to deny a Motion to Quash without first holding a hearing. Filing this response tells the judge that you know your rights, you understand the law, and you will not be pushed around by a landlord’s improper request. Judges often grant a landlord’s default request only when tenants do not fight back—but when you file your opposition, you put the court and the landlord on notice that you are standing up for yourself. Fight back. File the Opposition. Protect your rights.
Your Opposition to Plaintiff’s Motion for Default
When a landlord files a Motion for Default, they’re asking the judge to ignore your Motion to Quash and rule against you without giving you a hearing. Filing an Opposition is how you stop that from happening. Your Opposition tells the court that you have already filed a valid, legally recognized Motion to Quash and reminds the judge that Florida law requires a hearing before your motion can be denied. Without your Opposition, the judge may assume you agree with the landlord’s request—and could grant the default by mistake. Filing this Opposition protects your rights, blocks the landlord’s attempt to cut off your defense, and puts the court on notice that you are actively fighting your case
The Judge Just Ruled Against Me and Ignored My Motion to Quash. Can They Even Do That? NO!
Round 3!!! Take It to Their Boss!
Judges are legally required to respect your rights—but the truth is, some judges skip steps because they assume most tenants won’t challenge them. That’s exactly why taking your case to the appellate court can be so important. The appellate court exists to correct lower-court mistakes, and they hate when trial judges rush an eviction by ignoring due process or denying a motion without a proper hearing. When you file an appellate petition, you’re asking a higher court to review what happened and step in when your rights were violated. This not only forces the lower court to slow down, it puts you back in control. An appellate filing shows the entire system that you know the law, you’re paying attention, and you won’t let anyone push you out of your home without following the rules. It’s one of the strongest advantages you have—and it’s there to protect you.
Florida Appellate Appeal
A Florida appellate appeal gives you the power to challenge a judge who ignored your rights or rushed your eviction without following proper procedure. The appellate court exists specifically to correct unfair or unlawful rulings, and they take due-process violations very seriously. When you file an appeal, you are asking a higher court to review the judge’s decision and throw it out if your rights were skipped or denied. This process forces the lower court to slow down and ensures that your case is handled fairly, not pushed through to speed up an eviction. Filing a Florida appellate appeal shows the system that you understand your rights and are willing to use the legal tools designed to protect you.
Georgia Appellate Appeal
A Georgia appellate appeal allows you to challenge a judge’s improper or unfair ruling by taking your case to a higher court whose job is to enforce due process and prevent lower courts from cutting corners. When a judge ignores your Motion to Quash, denies you a hearing, or makes decisions that violate Georgia law, the appellate court can step in and overturn that ruling. Filing an appeal signals that you will not allow your rights to be brushed aside simply to speed up an eviction. The appellate system was created to keep trial judges accountable, and using it puts you in a stronger position to correct injustice and regain control of your case.
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