Legal Definitions - assistance, writ of

A writ of assistance is a formal court order that directs a law enforcement officer, such as a sheriff or marshal, to help a party take physical possession of property, typically real estate, after a court has legally determined that party is entitled to it. It is often issued when a person or entity has obtained a judgment granting them ownership or the right to possess property, but the current occupants or possessors refuse to vacate or surrender the property voluntarily.

Here are some examples illustrating how a writ of assistance applies:

• Eviction After a Landlord-Tenant Dispute: Imagine a landlord successfully sues a tenant for unpaid rent and obtains a court order for eviction. Despite the court's ruling, the tenant refuses to move out. The landlord can then petition the court for a writ of assistance. This writ would direct the local sheriff's department to physically remove the tenant and their belongings from the property, thereby assisting the landlord in regaining possession of their rental unit.

• Gaining Possession After a Foreclosure Sale: A bank forecloses on a home because the homeowner failed to make mortgage payments. The bank purchases the property at a foreclosure auction. However, the previous homeowner continues to live in the house and refuses to leave. To take legal possession of the property, the bank would obtain a writ of assistance, which would authorize the sheriff to remove the former homeowner and secure the premises on behalf of the bank.

• Recovering Specific Personal Property: In a complex divorce case, a court might rule that a specific, valuable collection of artwork belongs solely to one spouse. If the other spouse, who currently possesses the artwork, refuses to hand it over as ordered, the rightful owner could request a writ of assistance. This writ would empower law enforcement to accompany the rightful owner and ensure the artwork is retrieved and transferred according to the court's judgment.