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Florida Bar | Pasco County – Writ of Possession

Published On: June 10th, 2024

20 Writ of Possession – Pasco County, Florida

The “Writ of Possession” form from Pasco County, Florida, is an official document used in county civil court proceedings following a final judgment that orders the eviction of a tenant. This form is to be submitted to the Clerk and Comptroller of Pasco County after a court has made a final ruling on eviction. Once signed by the Clerk and Comptroller, the writ must be delivered to the sheriff, who is then responsible for serving it to the tenant. The sheriff must give a 24-hour notice to the tenant before forcibly evicting them, if necessary. This notice must be visibly posted on the premises. The form directs the sheriff to remove all persons from the specified property and to restore full possession of the property to the plaintiff, as dictated by Florida Statute 83.62. The form also contains instructions for the sheriff on whom to contact upon serving the writ.

Preparation

Before filling out the form, ensure you have the final judgment evicting the tenant, as this form is to be used after such a judgment has been issued by the court.

Sections to Complete

Case No. and Section

  • Case No.: Enter the case number as provided in the eviction judgment.
  • Section: Input the court section that handled the eviction case.

Plaintiff(s) Information

  • Insert name of Landlord: Write the full legal name of the landlord who is seeking to regain possession of the property.

Defendant(s) Information

  • Insert name of Tenant: Enter the full legal name of the tenant being evicted.

Property Description

  • Writ Line 1, Writ Line 2, Writ Line 3: These lines are for describing the specific property from which the tenant will be evicted. Include any relevant details that identify the property clearly, such as apartment number or specific location within a complex.
  • Address Line 1, Address Line 2, Address Line 3, Address Line 4: Provide the full address of the property, ensuring it matches the information stated in the eviction judgment.

Date

  • DATED ON: Fill in the date when the writ is being issued, which should be after the final judgment date.

Clerk and Comptroller’s Information

  • This section is typically completed by the office of the Clerk and Comptroller who will sign and seal the writ.

Sheriff’s Instructions

    • UPON SERVICE CONTACT: Provide contact details (phone number, email, etc.) for whom the sheriff should contact once the service is complete. This is typically the landlord or their attorney.

Final Steps

  • Review and Delivery: After completing the form, review it for accuracy. Then, deliver it to the Clerk and Comptroller of Pasco County for signing.
  • Service by Sheriff: Once signed, the writ must be handed over to the Pasco County Sheriff’s office. The sheriff will serve the writ to the tenant, giving them 24 hours’ notice before eviction, as required by Florida Statute 83.62.

It is important to make sure all information is written clearly to avoid any misunderstandings or delays during the processing phase. It might be helpful to seek advice from a legal professional to ensure that the writ is filled out and served correctly. This form is a vital step in the eviction process, as it legally enables the landlord to remove a tenant from the property after a court has ruled in their favor.

Disclaimer: This guide is provided for informational purposes only and is not intended as legal advice. You should consult the Residential Tenancies Act or a legal professional.

Florida Bar | Pasco County – Writ of Possession

Published On: June 10th, 2024

20 Writ of Possession – Pasco County, Florida

The “Writ of Possession” form from Pasco County, Florida, is an official document used in county civil court proceedings following a final judgment that orders the eviction of a tenant. This form is to be submitted to the Clerk and Comptroller of Pasco County after a court has made a final ruling on eviction. Once signed by the Clerk and Comptroller, the writ must be delivered to the sheriff, who is then responsible for serving it to the tenant. The sheriff must give a 24-hour notice to the tenant before forcibly evicting them, if necessary. This notice must be visibly posted on the premises. The form directs the sheriff to remove all persons from the specified property and to restore full possession of the property to the plaintiff, as dictated by Florida Statute 83.62. The form also contains instructions for the sheriff on whom to contact upon serving the writ.

Preparation

Before filling out the form, ensure you have the final judgment evicting the tenant, as this form is to be used after such a judgment has been issued by the court.

Sections to Complete

Case No. and Section

  • Case No.: Enter the case number as provided in the eviction judgment.
  • Section: Input the court section that handled the eviction case.

Plaintiff(s) Information

  • Insert name of Landlord: Write the full legal name of the landlord who is seeking to regain possession of the property.

Defendant(s) Information

  • Insert name of Tenant: Enter the full legal name of the tenant being evicted.

Property Description

  • Writ Line 1, Writ Line 2, Writ Line 3: These lines are for describing the specific property from which the tenant will be evicted. Include any relevant details that identify the property clearly, such as apartment number or specific location within a complex.
  • Address Line 1, Address Line 2, Address Line 3, Address Line 4: Provide the full address of the property, ensuring it matches the information stated in the eviction judgment.

Date

  • DATED ON: Fill in the date when the writ is being issued, which should be after the final judgment date.

Clerk and Comptroller’s Information

  • This section is typically completed by the office of the Clerk and Comptroller who will sign and seal the writ.

Sheriff’s Instructions

    • UPON SERVICE CONTACT: Provide contact details (phone number, email, etc.) for whom the sheriff should contact once the service is complete. This is typically the landlord or their attorney.

Final Steps

  • Review and Delivery: After completing the form, review it for accuracy. Then, deliver it to the Clerk and Comptroller of Pasco County for signing.
  • Service by Sheriff: Once signed, the writ must be handed over to the Pasco County Sheriff’s office. The sheriff will serve the writ to the tenant, giving them 24 hours’ notice before eviction, as required by Florida Statute 83.62.

It is important to make sure all information is written clearly to avoid any misunderstandings or delays during the processing phase. It might be helpful to seek advice from a legal professional to ensure that the writ is filled out and served correctly. This form is a vital step in the eviction process, as it legally enables the landlord to remove a tenant from the property after a court has ruled in their favor.

Disclaimer: This guide is provided for informational purposes only and is not intended as legal advice. You should consult the Residential Tenancies Act or a legal professional.

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