Q: Does a writ of possession have to be served in the eviction process will the sheriff give notice before they come
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In the eviction process, a writ of possession is typically the final legal step that allows a landlord to regain possession of a property. This writ is issued by the court after a landlord wins an eviction lawsuit and the tenant has not vacated the property by the deadline given in the judgment. Once the writ is issued, it must be served to the tenant, usually by a sheriff or a constable.
The sheriff does give notice before coming to execute a writ of possession. This notice often includes a specific date and time by which the tenant must vacate the premises. The amount of notice can vary by jurisdiction, but it is generally a short period, such as 24 to 48 hours.
If the tenant does not leave by the specified time, the sheriff or law enforcement will come to the property to enforce the writ. This may involve removing the tenant and their belongings from the property. It's important to pay attention to any notices received and to understand local laws and timelines in this situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
