WHAT IS A WRIT OF EXECUTION AND WHEN DO YOU NEED ONE?

Let’s talk about the writ of execution.  You’ve been patient and endured what was a long and arduous eviction process to get some deadbeat tenants out of your property.  You went to court, and the judge ruled in your favor.

What sweet music to your ears.  It’s finally over.  You can leave the courthouse and take possession of your property, right?  Well, maybe not.  What if they still won’t leave?

(The steps you take next will vary depending on which state and county you are in, but the procedure will look something like the following…)

It’s Time To execute the writ

When you are victorious in an eviction lawsuit, you will receive two things: judgement of eviction, and a writ.  The writ orders the Sheriff to evict the tenant and anyone else that has occupancy of the property.  

However, this doesn’t mean that you walk out of the courthouse in lockstep with a deputy sheriff and march on over to the property and start cleaning house (no pun intended).

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You need to execute the writ (hence writ of execution).  

In this context, executing the writ means that the sheriff has received instructions to take possession of the property and return it to the owner.  

They will remove the tenants by force if necessary.  

The writ of execution does not happen immediately

Again, depending on the laws of the land where you live, you may have to wait 10 days or more after the judgement is entered before executing the writ.  This is to allow the defendant a certain amount of time to file an appeal.   

Once the writ is executed, in my experience, a deputy sheriff will call to schedule a time to meet you at the property.  

The deputy sheriff will likely also want you to bring a trailer or hire a moving company to remove items left behind by the tenant.  At this point, you can change the locks and charge these ex-tenants with trespassing if they return to the property.  

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