Application for Termination of Stay and Notice to Defendant – Washington DC
This form, titled “Application for Termination of Stay and Notice to Defendant,” is used in the Landlord and Tenant Branch of the Superior Court of the District of Columbia Civil Division. It serves to inform the court that a defendant has failed to comply with a consent judgment and to request the termination of the stay of execution, allowing for the issuance of a writ of restitution.
This form is essential for plaintiffs seeking to enforce judgments in landlord-tenant disputes when the defendant fails to comply with court-ordered terms.
Filling out this form involves several steps. Below is a detailed guide to help you complete each section accurately:
- Court Information
- The form header already includes the Superior Court of the District of Columbia Civil Division and the Landlord and Tenant Branch. Ensure this information matches your specific court details if necessary.
- Plaintiff and Defendant Information
- Plaintiff: Enter the name of the plaintiff (landlord).
- Defendant: Enter the name of the defendant (tenant).
- Details of Non-Compliance
- Consent Judgment Date: Enter the date when the consent judgment was entered by the court.
- Non-Compliance Details:
- (1) Failing to make the payment(s) due on or before: Specify the due date(s) of the missed payment(s).
- (2) Failing to (specify violation): Describe any other specific violations of the consent judgment by the defendant.
- Request for Termination of Stay
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- State the reasons for requesting the termination of the stay of execution. This section is typically a summary of the non-compliance details mentioned above.
- Notice of Hearing
- Hearing Date and Time: Enter the scheduled date and time for the hearing (you must confirm this date with the Clerk of the Court).
- Courtroom: Indicate the courtroom where the hearing will take place (e.g., Courtroom B-53).
- Certificate of Service
- Service Date: Enter the date on which you served the application.
- Service Method
- Hand-delivered: Check this box if you hand-delivered the application to the defendant or their attorney.
- Mailed: Check this box if you mailed the application to the defendant or their attorney, and provide the address used for mailing.
- Certification or Oath
- Check the box to certify that the information is true and correct to the best of your knowledge.
- Sign and date the form.
- If you are an attorney, include your printed name and bar number.
- Signature and Notary
- Signature of Plaintiff/Landlord or Attorney: Sign and date the form.
- Printed Name and Bar Number (if applicable): Provide your printed name and bar number if you are an attorney.
- Street Address: Enter your street address.
- Phone Number: Provide your contact phone number.
- City, State, Zip: Enter your city, state, and zip code.
- Notary Section
- This section must be completed by a notary public. The notary will enter the date, their commission expiration date, and their signature.
Important Tips
- Ensure all information is accurate and matches court records.
- Confirm the hearing date and time with the Clerk of the Court before entering it on the form.
- Serve the application according to the specified methods and retain proof of service.
- Have the form notarized if required.
By following these steps, you can accurately complete this form and ensure that it meets court requirements.