A Magistrate has recommended that a Writ of Restitution be issued in your Forcible Entry and Detainer (eviction) case.
If the tenant does not vacate the premises after the writ has been approved by the Judge and you choose to forcibly evict them, you must follow the steps outlined below:
You must file a praecipe for the writ and submit a filing fee to the Clerk of Courts. Praecipe filing and fee payment can be completed up to sixty days from the day the Writ of Restitution is granted. A sample praecipe form can be found on our website www.stowmunicourt.com).
The Court will then serve a Writ of Restitution. A notice will be posted on the door of the home/apartment. The notice will include the move out date. This is the date you may retake possession of the property. The move out date will also be posted on our website (www.stowmunicourt.com). You can look up the move out date at our website by searching for your case. Once you find your case, click on the docket and if a move-out date has been set, it will be indicated on the docket.
On the move out date, if the defendant has not vacated the premises, you will be restored possession by the bailiff only if you request his presence on that date. To arrange for the bailiff to restore you to possession, you must contact the bailiff station at (330)564-4187 by 9:00 a.m. on the move out date. We suggest you check the property regularly to see if the defendant(s) has vacated the premises. If they have vacated the premises you can take possession immediately without bailiff presence. If you do not contact the bailiff, it will be assumed the bailiff’s services are not required. If a move out is required, you are responsible to have the manpower and equipment necessary and you must comply with all local sanitation codes relative to the placement of the tenant’s possessions.
NOTE: Under no circumstance will a bailiff physically remove tenants, possessions, or change locks. The bailiff is only present to oversee the landlord regaining possession of the property safely.