Interesting Indeed: A Writ of Possession once issued AFTER the FED - TopicsExpress



          

Interesting Indeed: A Writ of Possession once issued AFTER the FED process- MUST be served, via law enforcement) and is legal binding and cannot be refused. The Writ grants 48 hours. Payments in full must occur BEFORE a Writ is issued (DURING the FED PHASE)--> Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 709: ENTRY AND DETAINER HEADING: PL 1999, C. 192, §1 (RPR)Subchapter 1: RESIDENTIAL LANDLORDS AND TENANTS HEADING: PL 1999, C. 192, §1 (NEW) §6005. Writ of possession; service When the defendant is defaulted or fails to show sufficient cause, judgment must be rendered against the defendant by the District Court for possession of the premises. Seven calendar days after the judgment is entered, the court shall issue the writ of possession to remove the defendant. The writ may be served by a sheriff or a constable. If at least 3 good faith efforts on 3 different days have been made to serve the defendant, service may be accomplished by both mailing the notice by first-class mail to the defendants last known address and leaving the writ of possession at the defendants last and usual place of abode. A writ of possession may not issue in any case in which the ground for termination of the tenancy at will was rent arrearage and the defendant paid the amount necessary to reinstate the tenancy as provided by section 6002. [1999, c. 248, §3 (AMD).] An additional writ of possession may be issued by the clerk at the request of the plaintiff after issuance of the first writ. [1989, c. 452, §2 (NEW).] When a writ of possession has been served on the defendant by a constable or sheriff, and the defendant fails to remove himself or his possessions within 48 hours of service by the constable or sheriff, the defendant is deemed a trespasser without right and the defendants goods and property are considered by law to be abandoned and subject to section 6013.
Posted on: Wed, 06 Aug 2014 17:27:30 +0000

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