House & Apartment
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Eviction orders are written court orders signed by a judge in a court case. An eviction order may be entered in:
- An eviction case, where a housing provider asks the judge for possession of the property,
- A foreclosure case, because the owner did not pay the mortgage for the property, or
- A tax sale case, because the owner did not pay property taxes.
An eviction order may list:
- Specific people by name, and
- "Unknown Occupants," meaning adult residents whose names were not known by the party filing the case.
Some orders include a stay date. Others give immediate possession. A stay date sets a date and time before which the sheriff cannot enforce the order. The housing provider must schedule the eviction with the sheriff. Only the sheriff can physically enforce the order.
Before enforcement, a person named in the order may file a motion in the same case asking the judge to delay or stop enforcement. After the sheriff completes the eviction:
- The property owner may change the locks,
- A person who enters or tries to enter may be removed or arrested for criminal trespass,
- The person who was evicted may ask the court to remove the case from the public record if legal requirements are met.
Worried about doing this on your own? You may be able to get free legal help.