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Step 3: Default Package and Writ of Possession

If the 5 days (excluding Saturday, Sunday and Legal Holidays) have passed, the landlord can contact the Clerk Of Courts and find out whether or not the tenant has filed an answer, a motion to determine rent or posted any money into the court registry. The landlord will need to have the case number readily available prior to contacting them.

If the tenant has not filed any responses to the eviction, the landlord may file the Default Package and Writ Of Possession. The following is needed:

• 1 Motion For Default & Default
• 1 Motion For Default Judgment For Eviction
• 3 Copies of the Default Judgment For Eviction
• 2 Stamped Envelopes (1- Self-Addressed and 1- Addressed to the Tenant)
• 2 Copies of the Writ Of Possession
• Money order or check in the amount of $90.00 payable to the Broward Sheriff's Office


If the tenant has filed a response and DID NOT put any monies into the court registry, the landlord may file a Motion To Strike and the following:

• 2 Copies of the Motion to Strike Defendant's Answer And For Default Final Judgment For Tenant Eviction + Order Striking Defendant's Answer And Granting Default Judgment For Tenant Eviction
• 3 Copies of the Default Judgment For Eviction
• 2 Stamped Envelopes (1- Self-Addressed and 1- Addressed to the Tenant)
• 2 Copies of the Writ Of Possession
Money order or check in the amount of $90.00 payable to the Broward Sheriff's Office


If the court does not grant a motion to strike or if the tenant has filed a response and posted monies into the court registry or filed a motion to determine rent, the landlord will be notified by mail by the court on either a hearing date, an order requiring the tenant to post monies in the court registry by a certain date or a mediation. If the tenant has been ordered to post monies by a certain date and failed to do so, proceed with the following:

• 3 Copies of the Default Judgment For Eviction
• 2 Stamped Envelopes (1- Self-Addressed and 1- Addressed to the Tenant)
• 2 Copies of the Writ Of Possession
Money order or check in the amount of $90.00 payable to the Broward Sheriff's Office


If the tenant has complied and posted monies in the court registry, the landlord must wait to be notified by the court on further instructions.

Default Package and Writ of PossessionDefault Package and Writ of Possession


Information about the Writ Of Possession Process

When the Default Package and Writ of Possession is filed with the Clerk Of The Court it will be sent to the Judge. This could actually take a few days. After the Judge signs the appropiate documents it will be sent back to the Clerk for the Writ of Possession to be entered. The Clerk will then forward the Writ of Possession to the Sheriff's Office for service.

The Sheriff's Office may also take a few days to process and serve the Writ of Possession which gives the Tenant 24 hours to vacate the property. The Sherrif's Office will contact the Landlord to schedule a day and time to meet at the property. The Sheriff's Office will then finally remove any Tenants that are still occupying the property and allow the Landlord to change the locks.

Once the Writ Of Possession has been sent to the Sheriff's Office the landlord may contact them with any questions concerning the status of service or check the status on the Sheriff's Web-site.

 

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