Final answer:
A Writ of Possession is served by a law enforcement officer such as a sheriff or marshal, marking the final step in the legal eviction process after a landlord has won an eviction lawsuit.
Step-by-step explanation:
The Writ of Possession is an order issued by the court requiring the tenant to vacate the property. It is typically served by a law enforcement officer, such as a sheriff or a marshal, rather than the landlord. The service of the writ indicates that the legal process for eviction has been completed, and the tenant is required to leave the premises. It is the final step in the eviction process after a landlord has won an eviction lawsuit.
Failure to vacate after the issuance of a Writ of Possession can result in the tenant being physically removed by the serving officer. If the tenant has not paid rent, the landlord must first provide notice, then file an eviction lawsuit, and if they win, the court will issue the Writ of Possession. This legal document is then delivered by the aforementioned law enforcement officer mandated by the court's jurisdiction.
In the context of eviction due to non-payment of rent, the Writ of Possession is typically served by a sheriff or a constable. The specific procedure may vary depending on the jurisdiction, but generally, the landlord or their attorney will file a complaint against the tenant and obtain a judgment for possession. Once the judgment is obtained, the landlord can request a Writ of Possession, which is then given to the sheriff or constable for execution. They will serve the Writ of Possession to the tenant, notifying them of the eviction and the date by which they must vacate the premises.