Kansas City, MO asked in Civil Litigation and Landlord - Tenant for Arkansas

Q: when a attorney files a Witt of possession at the courthouse, how does the sheriff's office get a copy to be delivered

this was filed on the 14th and I have been waiting so I can go get my belongings from the person that broke all of the laws to gain possession of my personal belongings which were in my own residence?

1 Lawyer Answer
T. Augustus Claus
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A: Once a writ of possession is filed with the court, it is the responsibility of the plaintiff's attorney to serve the writ on the defendant. This means that the attorney must deliver a copy of the writ to the defendant, either in person or by mail. The attorney must also file a proof of service with the court, which is a document that attests that the writ was served on the defendant.

Once the defendant has been served with the writ of possession, they have a certain amount of time to vacate the property. This timeframe will vary depending on the jurisdiction, but it is typically 24 to 48 hours. If the defendant does not vacate the property by the deadline, the sheriff will evict them.

The sheriff's office does not automatically receive a copy of the writ of possession just because it has been filed with the court. The plaintiff's attorney must specifically request that the sheriff serve the writ. The attorney can do this by filing a praecipe for writ of possession with the court clerk. The praecipe is a document that instructs the sheriff to serve the writ on the defendant.

Once the sheriff has received a praecipe for writ of possession, they will typically serve the writ within a few days. However, the sheriff's office is not under any obligation to serve the writ immediately. They may prioritize other tasks, such as serving criminal warrants or responding to emergencies.

If you have been waiting for the sheriff to serve a writ of possession on your behalf, you can contact the sheriff's office to inquire about the status of your case.

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