Writs of Assistance
Writs of Assistance are the documents that allow a landlord to actually get the eviction he has asked
for in his Complaint.
It is important to the landlord that we PROMPTLY process a request for Writ of Assistance for
obvious reasons. And, once the Writ and Order are signed, the Sheriff’s Department only has 5 days
(20 days for a mobile) in which to serve it OR it is returned and has to be re-issued again. Be sure not
to date the documents until the day that the judge is actually going to be able to sign them in order not
to “close the window” on the sheriff’s department.
Documents that the Plaintiff must file: (All of these documents are forms that the Court
provides.)
1. Motion/Order for Default
2. Affidavit swearing that the defendants continue to possess the property and that monies have
not been paid.
3. Praecipe for the Sheriff’s Department.
4. Writ of Assistance and the Order
Before proceeding with Writ of Assistance, be sure to verify the following in the case file:
1. The Summons have been properly served upon the parties and the requisite 10 working days
have passed since the service.
2. The defendant(s) has/have not answered the Complaint.
Then…..
1. Verify that Document Service shows “Served.”
2. In the ROAs section, add: “DEFAULT” and “WRITASST”
3. Tag the originals (don’t forget the Default) for signature of the Writ and Order and conform the
copies.
4. Make enough copies of the Writ and the Order to be distributed as follows:
Sheriff
Original of Writ & Order plus one copy for each defendant
Plaintiff
One copy of each
Court File
One copy of each (Originals will be returned after service)
5. Make sure to follow up on the signatures – that is, don’t leave it sit in your box and let the
dates expire!
6. Hand-carry the Order and Writ to the Sheriff’s Department for service if the plaintiff has
provided a Praecipe; if he has not, call the plaintiff and tell him to pick up the package at our
window so he can fill out the Praecipe. He will then bring the package to the Sheriff’s
Department.
Writs of Assistance Checklist.pdf
Rev. 03/09