Form must be filled out and notarized at the time of filing. An eviction must be filed in the Justice precinct where the rental property is located.The purpose of this form is to formally request a writ of restitution post-judgment, allowing landlords to reclaim possession of their rental property. To attach the lien, the creditor files the judgment transcript with the county clerk in the New York county where the debtor's property is located. You can get a list of marshals from the clerk. You should contact an enforcement officer in the county where the judgment debtor has property. Step 1: Written Notice to Vacate. Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. If however you take a tenant to court for non payment of rent, you can get a "judgement" and then do things like garnish a portion of his wages. If the eviction is for nonpayment of rent, the judgment from the justice court will state how much the bond should be for.