Re: Writ of Possession Question - Landlord Forum thread 202390

Re: Writ of Possession Question by Anonymous on June 1, 2010 @15:23

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.

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Re: Writ of Possession Question by One last answer (NH) on June 1, 2010 @15:44

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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 D (NH) on June 3, 2010 @22:35	[ Reply ]

No...you got the first installment so they have not breached the Court Order, correct? Has that date come and gone? That is the problem in NH; they give tenants an eternity to get out. For a definitive answer, post the date of the last installment, and how much they have paid. I don't get why you think if they are complying that you can kick them out. Maybe you misunderstood the Court. The Clerk will not give you legal advice, but she will explain the Order to you.