As a landlord, if your prevail on your unlawful detainer action – whether it be by default or after a trial on the merits you do not automatically get possession of the leased property. The landlord or its unlawful detainer attorney, must then apply to the court for a writ of possession. Once the writ of possession is obtained and sheriff’s instructions are filled out, the sheriff’s department then serves a five day notice to vacate on the tenant.
This is one of the more complicated parts of the unlawful detainer process, but a necessary step.
I have been working on the Writ of Possession as has been rejected. I need drastic help. This is my first experience and I am falling into pieces with this nightmare.
Question:
#2 of the application for Writ of Execution this is a Judgment and not an order right?
#5 Do I check off this box? This is an unlawful detainer judgment and Prejudgment Claim? I have already went to court and won my case.
Back of the form, this is against tenant?
On the form I130
I got dinged for entering Writ of: Possesion of Real Property
#4 Judgment debtor / this is the tenant right?
#9 Was I supposed to check this box?
#11 total judge entered on the minutes from the court right?
#24 Got dinged for checking box 1 and not entering amounts on box 2.