A Pennsylvania Writ of Possession is a legal document issued by a court that orders a defendant to surrender physical possession of a property to a plaintiff. This writ is typically used in eviction proceedings when the defendant has refused to surrender the premises voluntarily. The Writ of Possession is issued by a judge or court clerk, following a successful eviction hearing in which the plaintiff has won the case. There are two types of Pennsylvania Writ of Possession: the Special Writ of Possession and the Writ of Possession of Real Property. The Special Writ of Possession is used in cases where the tenant has failed to pay rent or violated any of the other terms of the lease agreement. The Writ of Possession of Real Property is used in cases where the tenant has vacated the premises voluntarily, but has failed to turn over the keys or other property to the landlord. Both types of Writs of Possession require the sheriff to serve a copy of the writ to the tenant and also to post a notice of eviction on the premises.
Pennsylvania Writ of Possession
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How to fill out Pennsylvania Writ Of Possession?
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FAQ
Order for Possession If you disagree with the decision and want to stay in the home, you will need to file an Appeal to the Court of Common Pleas within 10 days of the judgment date and post a bond. See Appeal Process.
Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to ?stay? or ?stop? the sheriff from executing the Writ of Possession and removing the resident. It can be a typed or handwritten document filed by the resident or the resident's attorney if one is retained.
Order for Possession If the judgment is Possession Granted, you will have to move out of the home by the scheduled eviction date even if you pay all the money owed in full.
The Writ of Possession notifies the tenant that an eviction will take place on or after 11 days from the day the Writ of Possession is served. As a result, no eviction can take place until 21 days after the court judgment- (10 day appeal period + 11 day Writ of Possession).
Stopping the Writ of Execution The most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it. The sheriff will often back off if the parties are working to resolve the judgment.
The order for possession deals only with delivery of possession of real property and not with a levy for money damages. A landlord who seeks execution of the money judgment part of the judgment must proceed under Rule 521A, using the forms and procedure there prescribed.
It takes 5 days for the Writ of Possession to be issued by the court. Law enforcement officials have 48 hours to serve this court order to the tenant. After that, the tenant has 10 days to move out of the property.
Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.