Legal Definitions - return of writ

The term "return of writ" refers to the official process where a law enforcement officer, typically a sheriff or marshal, brings a formal court order (known as a writ) back to the court that issued it. Along with the writ, the officer provides a written report detailing how they carried out, or attempted to carry out, the instructions contained in the writ. This report serves as official confirmation to the court regarding the execution of its order.

• Example 1: Eviction Proceedings

  Imagine a landlord has won an eviction case against a tenant. The court issues a writ of possession, which is a formal order instructing the sheriff to remove the tenant and return possession of the property to the landlord. After the sheriff successfully carries out this order – perhaps by overseeing the tenant's departure and securing the property – they must then "return the writ" to the court. This involves submitting a written report, often endorsed directly on the writ, confirming that the eviction was completed, on what date, and that the property is now back under the landlord's control. This report provides the court with official proof that its order has been fulfilled.

• Example 2: Debt Collection Through Asset Seizure

  Consider a scenario where a person owes a significant sum of money after losing a lawsuit, and they have not paid the judgment. The winning party obtains a writ of execution from the court, which authorizes the sheriff to seize the debtor's assets (such as bank accounts or personal property) to satisfy the judgment. The sheriff then attempts to locate and seize these assets. Once their efforts are complete, whether successful or not, they must "return the writ" to the court. Their report would detail what assets, if any, were seized, the amount collected, or explain why they were unable to find or seize any assets. This formal report informs the court about the outcome of its order to collect the debt.