Judgement With Restitution Of Premises Meaning
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FAQ
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. A writ of execution may be used in bankruptcy cases and in eviction cases (when a tenant will not leave on their own and will not pay rent).
You may be required to post a bond (pay money into court) before a judge will stop the eviction. The judge may schedule another court hearing but this alone does not stop the eviction. To stop the eviction, you must get another piece of paper issued by the court that stays (?stops?) the prior eviction order.
To get a stay, you must file an ?Application for Stay of Execution of Writ of Restitution.? Your Application for Stay must be filed with the Clerk's Office in Room 110 before p.m. on the day that you want to see the judge.
When a tenant remains in a leased premises after the first cause order in favor of eviction (Judgment of Restitution), the landlord cannot self-help to remove the tenant(s) or take possession of the property, Ohio Revised Code §5321.15 (A) & (B).
The Writ of Restitution orders the Sheriff to remove the defendant and restore the premises to the plaintiff in the procedure described below. A Writ of Restitution must be executed and returned to court within ten days of issuance. Because of this relatively narrow window, it will be executed without delay.
