Tennessee Sample Letter for Writ of Habere Facias Possessionem
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How to fill out Sample Letter For Writ Of Habere Facias Possessionem?
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FAQ
Writs of restitution are commonly known as evictions; they are another kind of process that brings with it significant and inherent risks to officer and public safety during execution. They are also among the very few civil orders that mandate use of force, where necessary, to achieve service. T.C.A. § 29-18-127.
After the court hearing if the judge rules in favor of the landlord, the tenant then has 10 days to vacate the rental property. If they do not move out after 10 days, then the sheriff can forcibly remove the tenant from the rental property.
Once the landlord wins a Tennessee eviction and provided the tenant does not file for an appeal or reconsideration, the court will issue a Writ of Possession 10 days after the judgment is issued.
The writ of possession shall direct the proper officer to take the property out of the possession of the defendant and deliver the same to the plaintiff. The writ of possession shall be executed by the proper officer by seizing the personal property and delivering the same to the plaintiff.
4. Writ of Possession Service Fee. A Tennessee sheriff or constable must serve the Writ of Possession to the tenant. The service fees for both Circuit Court and General Sessions Court the sheriff or constable can charge $40.
Habere facias possessionem (habere facias, nab. fa.): writ directing the sheriff to place land recovered in an ejectment case into the hands of the successful party in the case. Hereditaments: goods, lands, and other items capable of being inherited.
Definition: Habere is a Latin word that means "to have" or "to possess". In Roman law, it refers to having the right to something.
