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Can my Landlord evict with Sheriff's help on Tuesday if he only received an eviction on Friday?
Anonymous2 views2 answers
Our Landlord was granted an eviction against us from the court on Friday. I know that he received a Writ of Restitution on that day but, after some research, I found out that he has to wait 48 hours to take the Writ to the Sheriff's Office to get assistance with the eviction at which point he would get an appointment set for the eviction day. He has since informed us that he will be out to the property with the Sheriff to remove our property on Tuesday. Is this possible? We were told by the Sheriff's Civil Section that the soonest the appointment could be scheduled for would be over a week from now because they were backed up. Doesn't he have to wait until Tuesday (48 business hours from Friday) to even make the appointment? Could he even have been able to get an appointment yet?
Your timing is incorrect and your terminology may be confused as well. The Court issues an Order of Possession. That generally happens at the summons return date or at the trial and is usually done in open court. Then it takes 48 hours after that before the Court will issue a Writ of Restitution.
The Writ can be taken to the Sheriff immediately. The Sheriff will schedule the move out whenever they can fit it into their schedule.
So the short answer is, if the Writ issued on Friday then the move-out could be scheduled as soon as the Sheriff's deputies have time in their schedule. They are often very busy and it would be unusual (but not impossible) to get a moveout scheduled for Tuesday on a Writ that issued the prior Friday. The bottom line is that once the Writ is issued, you need to get your stuff out of the property as quickly as you can manage to avoid having it placed on the curb.
Although the Court can issue the Order of Possession on the day of the hearing, the Court will wait 48 hours to issue the Writ of Restitution. After the Writ is issued, who knows ehen you will be evicted. It could be a couple of days or a couple of weeks. However, if you care about your personal property, I would box it up and move it into storage before the landlords movers trash it and put it on the curb.
