6 Steps to Unlawful Detainer – Step 5: Execution of the Writ of Possession
Part 5 of a 6 part series on the Unlawful Detainer Action in Arkansas.
So, you acquired a Writ of Possession during Step 4. Now, it is time to get your property back!
Step 5: Execution of the Writ of Possession
Now, it is time to contact your local sheriff’s office. The sheriff will do the actual work of getting the tenants out the door.
To get started, the sheriff will need the following:
- Writ of Possession, signed by the clerk of the court.
- A good physical address (not just legal description) in the same county as the sheriff.
- About $50.00 to execute the writ of possession.
NOTICE: After receiving the signed writ of possession, the sheriff will start by notifying the tenant that the writ has been issued. The sheriff does this by delivering a copy of the writ of possession to the tenant or another person eligible to receive the notice, or by posting the writ on the front door of the property.
Once the sheriff has delivered notice to the tenants, he or she will submit an affidavit called “Sheriff’s Return” describing when and how notice was left, or if they were unable to deliver the notice.
Here is what a Sheriff’s Return might look like:
IN THE CIRCUIT COURT OF LONOKE COUNTY, ARKANSAS
PROPERTY OWNER PLAINTIFF
vs. CASE NO:
TENANT AND/OR OCCUPANT DEFENDANT
OF RENTAL PROPERTY
STATE OF ARKANSAS )
COUNTY OF LONOKE )
On this ____ day of __________________, 2016, at ______ o’clock a.m./p.m. I have duly served the within Writ of Possession by delivering a copy thereof (or stating the substance therein), to ___________ such person being:
CHECK APPLICABLE SQUARE:
[ ] the person named therein as Defendant
[ ] some person residing at Defendant’s dwelling house or usual place of abode who is at least fourteen (14) years of age, namely________________.
[ ] by placing a copy of the Writ conspicuously upon the front door of the above-described property more than eight (8) hours after receipt of this Writ, during which time I was unable to find the defendant or any other person authorized to receive summons in civil actions.
[ ] OTHER:_________________________________________________________________
Service: $_____ _____________________, D.S.
REMOVAL: If the tenants remain on the property 24 hours after receiving notice from the Sheriff, the sheriff will contact you for assistance with removing the tenants’ belongings. At that time, the sheriff will remove the tenants (forcibly, if necessary).
Congratulations, you finally have your property back!
Now, what can you do about all of the money that your ex-tenants owe you? Who will pay for any damage that was done to your property? Time to proceed to step 6: The Second Hearing.
Currently on… Step 5: Execution of the Writ of Possession
Next… 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