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Tennessee Motion For Immediate Issuance of Writ of Possession

State:
Tennessee
Control #:
TN-CN-70-03
Format:
PDF
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Description Writ Of Possession For Personal Property

A05 Motion For Immediate Issuance of Writ of Possession
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Eviction Process In Tennessee Other Form Names

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Sample Writ Of Possession FAQ

A writ of possession is issued after a landlord wins an eviction case in court. A writ of possession can also be called a writ of eviction. This order allows a person or group to take possession of real property by forcing the person or group currently in possession of the property out.

In most states, you get your writ from the small claims court clerk for a small fee, which is a recoverable cost. Once the court issues your writ, you'll take or send it to the sheriff, marshal, or constable in the county where the assets are located.

The term writ refers to a formal, legal document that orders a person or entity to perform or to cease performing a specific action or deed.These documents are part of common law and are often issued after a judgment is made, giving those involved in a suit the ability to carry out the judgment.

The first thing a landlord must do is provide the tenant with a written notice that an eviction will occur in 30 days if the tenant does not comply with the terms of the lease within 14 days. This notice is required by T.C.A. Section 66-28-505.

It is issued to quash the decision or order of the lower court when the lower court passed an order without or in excess of jurisdiction. Whereas, the writ of prohibition is issued prohibiting the proceedings in the lower court which acts without or in excess of jurisdiction while the case is pending before it.

After the Writ of Restitution is filed, the Clerk's Office sends the writ to the U.S. Marshals Service. The U.S. Marshals Service sends a copy of the writ to the tenant.The writ is valid for 75 days. If the tenant is not evicted in the 75 days, then you will have to file a new (or "alias") writ.

A writ of possession in Tennessee is an order issued by a Tennessee court that permits an owner to recover personal property.

A judgment of possession is a court order that determines who is entitled to property.The judgment for possession states the plaintiff has a right to the property; the writ of execution actually begins the transfer process from a judgment debtor to a plaintiff.

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Tennessee Motion For Immediate Issuance of Writ of Possession