Nebraska Praecipe for Writ of Restitution/Execution

State:
Nebraska
Control #:
NE-SKU-0790
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PDF
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Description

Praecipe for Writ of Restitution/Execution

Nebraska Precise for Writ of Restitution/Execution is a legal document used in the state of Nebraska to request the court-ordered removal of an individual from a property. This document typically contains the names of the parties involved, the address and legal description of the property in question, the amount of rent due, and a statement of the tenant’s rights. There are two types of Nebraska Precise for Writ of Restitution/Execution documents: one for a residential property and one for a commercial property. The residential version is used when a tenant has not paid rent or has violated the lease agreement and the landlord wants to reclaim the property. The commercial version is used when a tenant has failed to abide by the terms of the lease and the landlord wishes to take legal action. In either case, the Nebraska Precise for Writ of Restitution/Execution must be filed with the court. After the document is received, the court will issue a Writ of Restitution/Execution, which orders the sheriff to remove the tenant from the property.

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FAQ

The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

Any party may serve upon any other party written interrogatories to be answered by the party served or if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party.

The judge enters a default judgment in favor of the plaintiff in cases where the defendant receives a copy of the plaintiff´s claim form but fails to show up in court at the time set for trial.

Summary judgment is proper when the pleadings and the evidence admitted at the hearing disclose that there is no genuine issue as to any material fact or as to the ultimate inferences that may be drawn from those facts and that the moving party is entitled to judgment as a matter of law.

Terms, defined. (2) In forma pauperis means the permission given by the court for a party to proceed without prepayment of fees and costs or security.

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.

The Statute of Limitations in Nebraska When it comes to consumer debt in the state of Nebraska, the statute of limitations 5 years from the last payment made. This means that a creditor or debt collector may not sue you for debt after five years have passed.

§ 29-2263(1) and (2), the court may consider early discharge at any time. The court shall consider early discharge of eligible probationers, upon application, who have served at least three-quarters of the period of probation and after review of a discharge summary received from the probation office.

More info

Praecipe (Writ Of Restitution Or Execution Or Other) Form. This is a Ohio form and can be use in Toledo City (Municipal Court).September, 2017 ; Form Type. After you get a judgment for possession, you must wait two full business days before you can file a Writ of Restitution. Please issue a Writ of Restitution in the above captioned case. Have you signed a mediated agreement in this case? Praecipe filing and fee payment can be completed up to sixty days from the day the Writ of Restitution is granted. A writ of execution is a court order that is granted to begin the transfer of assets from a debtor to a plaintiff to satisfy a judgment. In order to have a Writ of Execution enforced, you must download and complete a "writ packet" (linked below) and pay all designated fees. Form NumberForm NameCategoryAO 10AFinancial Disclosure Report RequestOther FormsAO 30Certified CopyOther FormsAO 35Certificate of Official Court ReporterCourt Reporter Forms

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Nebraska Praecipe for Writ of Restitution/Execution