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13 Cards in this Set
- Front
- Back
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Writ |
written judicial order to perform a specific act. A written court order directing that a sheriff do what is commanded by the writ. |
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Precept |
an order, writ, warrant or process. An order or direction, emanating from authority, to an officer or body of officers, commanding him or them to do some act within the scope of their powers. |
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How many types of writs? |
54 |
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Levy |
order to take someone's property |
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Elements for Eviction |
- Landlord must post a 3 day "demand for rent" must be posted / served if rent is due
- Landlord must post a 10 day "notice to quit" posted / served for eviction, other then for rent - "Summons" is then posted / served, for the tenant to explain to the court, or move - A "writ of restitution" is then issued, 48 hrs after the court gives judgement |
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Till Tap |
Officers come into a business and take whatever cash necessary to cover an owed amount |
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Is an officer immune from civil liability for any damage to a tenant's personal property removed from the premises. |
Yes |
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30-10-515 Sheriff to execute writs - attend court |
theSheriff in person or by his undersheriff or deputy, shall serve and execute,according to law, all processes, writs, precepts, and orders issued or made bylawful authority and to him directed, and shall serve the several courts ofrecord held in his county |
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Who does the tenant's property belong to when it's set outside? |
Still belongs to the tenant |
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Can a former tenant enter the premise after being evicted? |
No, criminal trespass |
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Second mortgage |
If default on second mortgage, the eviction process is immediate. |
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Can a landlord change the locks before an eviction or before a lease is up? |
No. Tenant has legal right to enter. |
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When can evictions be done? |
Between sunrise and sunset. |
