6 Steps to Unlawful Detainer – Step 4: The Writ of Possession

IMG_7809The 6 Steps to Unlawful Detainer

Part 4 of a 6 part series on the Unlawful Detainer Action in Arkansas.

To get to this step, either your tenant did not respond to your Complaint in Step 2; or the Judge decided that you are entitled to possession during the Hearing in Step 3.

Step 4: The Writ of Possession

Step 4 does not involve much work on your part.

First: Present an “Order for Immediate Possession” to the court, and request that the judge sign it.

Even though orders come from the judge, he or she will appreciate having a proposed order ready to sign. This “proposed order” and does not mean anything until it is signed by the judge. Once signed, it becomes an actual enforceable “order.” Your attorney will draft this order and either send it to the judge, or submit it to the judge at the close of your hearing.

Second: Request that the clerk issue a “Writ of Possession.” The clerk will charge you about $20.00 to issue this writ.

Your writ of possession may look something like this:

IN THE CIRCUIT COURT OF LONOKE COUNTY, ARKANSAS

CIVIL DIVISION

PLAINTIFF

vs.                    CASE NO:                                           

DEFENDANT

WRIT OF POSSESSION

THE STATE OF ARKANSAS TO THE SHERIFF OF LONOKE COUNTY:

            You are commanded to deliver to the possession of Plaintiffs, without delay the following property in Lonoke County, Arkansas:

123 Any St

Cabot, AR 72023

If the Defendant(s) express a desire to give bond as required vy law to retain possession of such property and premises, you will allow them five (5) days in which to give such bond in the same amount as the bond furnished by Plaintiff, or in an amount set by the Court, which bond shall have good and sufficient security subject to your approval.

        WITNESS my hand and seal of this Court this ____ day of _____________, 2016.

LONOKE COUNTY CIRCUIT CLERK

 

Or, your writ of possession may look like this:

IN THE CIRCUIT COURT OF LONOKE COUNTY, ARKANSAS

CIVIL DIVISION

PLAINTIFF

vs.                    CASE NO:                                           

DEFENDANT

WRIT OF POSSESSION

THE STATE OF ARKANSAS TO THE SHERIFF OF LONOKE COUNTY:

            You are commanded that upon receipt of this Writ of Possession that you shall immediately proceed to execute this Writ and cause the possession of the following lands, tenements and premises situated in Lonoke County, Arkansas, to-wit:

123 Any St

Cabot, AR 72023

to be delivered to the Plaintiff without delay, and to that purpose you shall forthwith proceed to execute this Writ in the manner hereinafter described and, if necessary ultimately by ejecting from the above-described property the Defendant or any other person or persons who shall have received or entered into the possession of the property after the issuance of this Writ, and thereupon notify the Plaintiff that the property has been vacated by the Defendant and any other person or persons who shall have received or entered into the possession of the above-described property.

            Upon receipt of this Writ you shall notify the Defendant of the issuance of this Writ by delivering a copy hereof to the Defendant or any other person authorized to receive summons in

civil actions. If, within eight (8) hours after receipt of this Writ you shall not find any such person at their normal place of residence you may serve this Writ of Possession by placing a copy of the Writ conspicuously upon the front door of the above-described property.

            If, after the expiration of twenty-four (24) hours after the service of this Writ in the manner indicated, the Defendant or any other persons shall remain in possession of the above-described property, or if possession of the subject property has not been returned to the Plaintiff, you shall notify the Plaintiff or the Plaintiff’s attorney of that fact and the Plaintiff shall provide you with all labor and assistance required by you in removing the possessions and belongings of the Defendant from such lands, tenements and premises to a place of storage in a public warehouse or in some other reasonably safe place of storage under the control of the Plaintiff until a final determination by this Court.

            In executing this Writ you shall have the right to forcibly remove all locks or other barriers erected to prevent entry upon or into the premises in any manner in which you deem appropriate or convenient and, if necessary, physically to restrain the Defendant and any other person(s) from interfering with the removal of the property and possessions of the Defendant from the above-described lands, tenements and premises.

            You shall return this Writ at or before the return date of the Writ and shall state in the return the manner in which you executed this Writ, and whether or not the property described above has been delivered to the Plaintiff and, if not, the reason for your failure to do so.

            WITNESS my hand and seal of this Court this ____ day of _____________, 2016.

LONOKE COUNTY CIRCUIT CLERK

BY:______________________________

Now that you have your writ of possession, what do you do with it?

Once you have obtained the writ of possession, your next step is to have the writ enforced. See  Step 5: Execution of the Writ of Possession.

Go back to… Step 1: The Notice

Go back to… Step 2: The Complaint

Go back to… Step 3: The Hearing

Currently on… Step 4: The Writ of Possession

Next… Step 5: Execution of the Writ of Possession

Skip ahead to… Step 6: The Damages

If you need help:

If you need assistance with your Landlord-tenant legal matter in Arkansas, please contact Deborah at The Hardin Law Firm, PLC.  For our out-of-state clients, we are available via phone, fax, and email, to assist you with your real estate needs.

ATTORNEY: Learn more about Deborah L. Hardin.

SERVING: Cabot, Beebe, Ward, Searcy, Jacksonville, Lonoke County, White County, Faulkner County, and other central Arkansas areas. We also routinely serve out-of-state property owners, who require representation in Arkansas.

DISCLAIMER: The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.

 Last updated: June 13, 2016 at 18:59 pm