Writ Of Assistance Example In Bronx
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To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Small Claims Court Clerk's office in the proper county and fill out a statement of claim. To find out where the clerk's office is located in your county, click on Locations.
The writ is issued by the Clerk of the U.S. District or Bankruptcy Court, at the discretion of the judge, after judgment is rendered.
One example of a writ of assistance would be the Malcolm Affair. In this case, customs officials searched the home of Daniel Malcolm. However, Malcolm would not let them search a part of his cellar without the legal right to do so by threatening violence if they did because he believed they were acting illegally.
A writ of assistance is a written order (a writ) issued by a court instructing a law enforcement official, such as a sheriff or a tax collector, to perform a certain task. Historically, several types of writs have been called "writs of assistance".
In order to properly bring an article 78 proceeding, a petitioner must have first exhausted their administrative remedies (discussed in detail below). Most importantly, an article 78 proceeding must be brought 4 months, or 120 days after a final agency determination.
The writ is served by the U.S. Marshal or other person, presumably a law enforcement officer, specially appointed by the court pursuant to Federal Rule of Civil Procedure 4.1(a).
The writ is issued by the Clerk of the U.S. District or Bankruptcy Court, at the discretion of the judge, after judgment is rendered.
