Writ For Assistance In New York
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FAQ
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".
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 attachment demands the creditor's property prior to the outcome of a trial or judgment, whereas a writ of execution directs law enforcement to begin the transfer of property as the result of the conclusion of a legal judgment.
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.
The writ is issued by the Clerk of the U.S. District or Bankruptcy Court under seal of the court.
A WRIT OF EXECUTION must be submitted to the Clerk's Office in paper form and include an original signature from the attorney. The Writ may be mailed to the Orders and Judgments Clerk with a stamped, self-addressed return envelope, or hand delivered.
If one or more of the parties is difficult to locate, it can prolong initiation of litigation. The court system itself can also impact the timeline of a civil litigation lawsuit. Generally speaking, prior to the pandemic a litigated file could take 9-12 months minimum on average to resolve.
The writ of replevin must be directed to the sheriff, or other officer authorized by law, of the county where the chattels are located. The write of replevin must describe the chattels with specificity.
You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit.
