Asked in Real Estate Law and Landlord - Tenant for Florida

Q: I was served a writ of possession, and had it stayed by the court, but they lifted the stay does it need to be re-served

What is the procedure now that the appeals court lifted the stay, does a new writ need to be issued, do I get re-served or am I basically going to have the sheriff come anytime now to throw my stuff out, I have movers scheduled day after tomorrow so I don’t need much time but wanted to know if I had any

1 Lawyer Answer
James Clifton
James Clifton
  • Landlord Tenant Lawyer
  • Fayetteville, GA
  • Licensed in Florida

A: If the stay has been lifted, the original writ can now be enforced by the sheriff. No new writ has to issue or be served. The sheriff will show up when the landlord schedules the writ to be executed. It could be any day now that the stay is lifted.

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