Application to Stay Execution of Writ of Restitution – Washington DC

The form titled “Application to Stay Execution of Writ of Restitution” is used in the Superior Court of the District of Columbia, Civil Division, Landlord and Tenant Branch. It allows tenants to request a stay of execution on a previously issued Writ of Restitution, which is an order for eviction. This form is essential for tenants seeking to delay their eviction process and must be filed promptly to ensure it is heard by a judge on the same day. Failure to meet the filing deadline may result in the application being denied.

This form is designed for tenants to request a delay in their eviction process. Follow these steps to fill out the form correctly:

Court Information

1. • The court’s address and telephone number are pre-filled. No action needed here.

Parties Involved

• Landlord/Plaintiff: Fill in the name of your landlord or the plaintiff in your case.
• Tenant/Defendant: Fill in your name as the defendant.

Details of the Writ of Restitution

• Date Issued: Write the date on which the Writ of Restitution was issued.
• Property Location: Provide the address of the property for which the writ was issued.
• Eviction Dates:
  • First date an eviction may take place: Write the earliest date mentioned in the writ.
  • Last date under this Writ: Write the latest date the writ allows for eviction.
  • Scheduled eviction date and time: Fill in the specific date and time the eviction is set to occur.

Reasons for Stay

1. • State briefly and clearly the reasons why the court should stay the execution of the Writ of Restitution. Provide as much relevant detail as possible to support your request.

Example Reasons

• Medical emergency or condition.
• Temporary financial hardship and proof of upcoming payment.
• Ongoing dispute regarding the legality of the eviction.

Applicant’s Information

• Print Name: Print your full name.
• Signature: Sign the form.
• Address: Provide your current address.
• Telephone Number: Write your contact phone number.

U.S. Marshals Service Information

1. • This section explains the role of the U.S. Marshals Service in supervising evictions and the importance of timely filing the application. Read this carefully but no need to fill anything in this part.

Notice of Hearing

• Plaintiff/Plaintiff’s Attorney Notification
  • Date: Write the date you notified the plaintiff/plaintiff’s attorney about this application.
  • Notification by: Specify whether you or the defendant’s attorney/clerk notified the plaintiff/plaintiff’s attorney.
• Response from Plaintiff
  • Check the appropriate box to indicate the plaintiff’s response (oppose, consent, unavailable).
  • Provide additional details as required (availability for hearing, phone number, etc.).
• Clerk’s Notification
  • Indicate if the copy was mailed or hand-delivered to the plaintiff/plaintiff’s attorney and the date it was done.

Filing Deadline

1. • Ensure you file your application by 2:00 p.m. If your eviction is scheduled for the same day or the next day, the deadline is extended to 4:00 p.m.

Additional Tips

• Accuracy: Ensure all information is accurate and complete to avoid delays or denials.
• Supporting Documents: Attach any supporting documents that validate your reasons for requesting a stay.
• Timeliness: File the application as soon as possible after the writ has been issued to ensure it gets heard the same day.

By following these steps, you can complete this form correctly and improve your chances of obtaining a stay on your eviction.