The Landlord Protection Agency  
Main Menu, Landlord Protection Agency homepage Membership With The Landlord Protection Agency Free Landlord Services Member Services  
Re: Writ of Possession Question - Landlord Forum thread 202389







Free Landlord Newsletter





FREE BONUS Forms Disk for
2 -5 year LPA Members




Excuses!

Re: Writ of Possession Question by Anonymous on June 1, 2010 @15:19

                              
Local laws should be consulted for specific requirements in your area but typically, the WOP is issued by the court and served by the Sheriff. The tenant is given X number of days before they get locked out/kicked out. Only after the last day when the Sheriff will come in and lock the tenant out (you cannot do it on your own).

Also, the tenant will know about the WOP because the sheriff will serve them the papers.

[ Reply ] [ Return to forum ]

Re: Writ of Possession Question by Anonymous on June 1, 2010 @15:23 [ Reply ]
I like to add that on some states, your tenant can ask for a STAY of executing the WOP if they have a valid reason and the courts may extend this by hearing the STAY case.
    Re: Writ of Possession Question by One last answer (NH) on June 1, 2010 @15:44 [ Reply ]
    It is governed by NH statute. NH will prolong the eviction process and no, you need the sheriff to serve your tenant. It is a very long process.

    540:13 Writ; Service; Discovery; Record; Default.
    I. A writ of summons may be issued, returnable before a district court,
    setting forth in substance that the plaintiff is entitled to the possession of
    the demanded premises, and that the defendant is in possession thereof
    without right, after notice in writing, to quit the same at a day named
    therein.
    II. The writ shall be accompanied by a notice from the district court,
    printed in no smaller than 12-point type, informing the tenant that:
    (a) If the tenant wishes to contest the eviction, he must file an
    appearance in the district court no later than the return day appearing on
    the writ.
    (b) The tenant shall not be evicted unless the court so orders; however,
    such an order may be granted if the tenant does not file an appearance.
    (c) At the time the tenant files his appearance, he may request that the
    court make a sound recording of the eviction hearing by checking an
    appropriate box on the appearance form.
    (d) If the tenant wishes to appeal the district court's decision, he must:
    (1) File a notice of intent to appeal with the district court within 7
    days of the notice of the district's decision; and
    (2) File a notice of appeal in the supreme court within 30 days of the
    notice of the district court's decision; and
    (3) Pay all rent, as it comes due, between the date of the notice of
    intent to appeal the district court's decision and the final disposition of the
    appeal.
    III. The writ of summons and the notice provided in paragraph II shall
    be returnable 7 days from the day of service of the writ by the sheriff.
    IV. Both parties shall have a right to engage in discovery prior to the
    hearing on the merits within such time frame as may be established for
    eviction actions by the Rules of the District Court.
    V. If the tenant files an appearance, notice of the hearing shall be
    scheduled to occur within 10 days after such filing, with allowance for
    additional time pursuant to paragraph IV, with notice of the hearing mailed
    to the parties no fewer than 6 days prior to the hearing. If the tenant fails
    to file an appearance or fails to appear at the hearing on the merits, the
    court shall mail a notice of default to the address set forth on the summons
    at least 3 days prior to the issuance of the writ of possession.
    VI. In deciding any contested hearing, the court shall issue a written
    decision setting forth the basis for its decision.


      Re: Writ of Possession Question by Unknown (NH) on June 2, 2010 @15:01 [ Reply ]
      I already went through the hearing for the Writ of Summons, judgment awarded to me if they DON'T pay by a certain date in installments. Got the first installment, and wondering if I can just request Writ of Possession now.
Re: Writ of Possession Question by Distressedtenant (Florida) on July 13, 2010 @19:54 [ Reply ]
Is there any appeal to a Judge's order on writ of possession?

Check-Out
Log in

Look-up
Associations
Attorneys
Businesses
Rentals Available
Rentals Wanted
Realty Brokers
Landlord Articles
Tips & Advice
Tenant Histories

Other Areas
Q&A Forum
Free Forms
Essential Forms
Landlord Tenant Law
Join Now
Credit Reports
About Us
Site Help



Contact The LPA

© 2000-2014 The Landlord Protection Agency, Inc.

If you enjoy The LPA, Please
like us on Facebook The LPA on Facebook
Follow us on Twitter The LPA on Twitter
+1 us on Google