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What is a writ of possession?

Rental home with lockbox — lawful possession and setout, not self-help
Rental home with lockbox — lawful possession and setout, not self-help
A writ of possession is the court order that authorizes law enforcement to remove the tenant and return the property to you. It is separate from your judgment, you have to apply for it, and without it a judgment does not get you your property back.
On this page
  1. Judgment and possession are two different things
  2. Who executes it
  3. Why writs sit unexecuted
  4. What has to be ready on the day
  5. Documentation

Judgment and possession are two different things

Winning the case gets you a judgment. The writ is what actually restores possession. People lose weeks assuming the second follows automatically from the first.

Who executes it

Usually the sheriff's office. In some counties it's a marshal — Fulton County, Georgia is a notable example. Contacting the wrong office wastes days.

Why writs sit unexecuted

Almost always scheduling. The application went in late, or an execution slot opened and there was no crew, officer or locksmith ready to match it.

What has to be ready on the day

The executing officer, a crew sized to the property, a locksmith, and disposal capacity. Missing any one usually sends you back into the queue.

Documentation

Photograph and video before, during and after. Belongings must be handled per the writ and local procedure. The record is what protects you if it's questioned later.

The short version

  • A judgment is not possession — the writ is
  • You have to apply for it; it isn't automatic
  • Confirm who executes writs in your county before you call anyone
  • Have crew, officer and locksmith ready before the slot opens
State law controls. Eviction law is state law, and notice periods, forms, courts and timelines differ in every state — sometimes county to county within a state. This page explains how the process generally works. It is not legal advice and it is not a substitute for your state's actual rules.
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Common questions

Can I evict a tenant without going to court?

No. Every state requires a court process. Locking a tenant out, shutting off utilities or removing belongings without a court order is illegal self-help and exposes you to damages that often exceed the rent you were owed.

How long does an eviction take?

It depends on your state, your court's calendar and whether the tenant contests. Some stages are fixed by statute and some are logistics you control. Anyone giving you a guaranteed number of days without knowing your county is guessing.

Do I need a lawyer to evict a tenant?

Not always. Uncontested non-payment cases are routine. If the case is contested, involves a counterclaim, or raises habitability or discrimination issues, get a licensed attorney in your state.

What's the difference between a judgment and a writ?

A judgment says you won. A writ of possession is the separate court order that lets law enforcement actually put you back in the property. You have to apply for it — it isn't automatic.

All questions

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