Writ Of Ejectment Vs Eviction Without Notice

State:
South Carolina
Control #:
SC-EVIC1
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Description

Writ of Ejectment / Eviction - This form is signed by the court to order a sheriff to remove the tenant from the premises after a landlord wins an eviction case.



How to fill out South Carolina Writ Of Ejectment / Eviction?

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FAQ

The Pennsylvania Rules of Civil Procedure requires that the Plaintiff in an ejectment action specifically describe the land and describe an abstract of title upon which the Plaintiff relies. The Plaintiff must also plead that they have a right to immediate possession of the land.

The defendant may assert various defenses to the ejectment action such as the deed is fraudulent, existence of a landlord-tenant relationship, and/or adverse possession.

While an eviction is begun by filing a unlawful detainer form that is brief and simple, an ejectment action is begun by filing a drafted complaint in Circuit Court. In an eviction action the Defendant has 7 days to respond after they are served with the complaint.

Upon a verdict for the landlord, the magistrate should issue a writ of ejectment and possession within five days, and the tenant should be ejected by the constable or sheriff. (§ 27-37-100). The constable or deputy sheriff should give the occupants 24 hours to vacate voluntarily.

An eviction is of a party that has a legal right to occupy property usually through a lease. An ejectment is against a person who has no legal right to occupy property.

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Writ Of Ejectment Vs Eviction Without Notice