How Do I File a Writ

When a case becomes writ eligible (based on the laws in your state), the Vacated and Writ links will become blue and active. We do not file Writs automatically, but rather we file them after you have submitted a Writ of Possession Request through our online eviction portal and completed our Writ Request Form. It is a two-step process.

If you need a Writ of Possession, simply click on the word Writ and the case will move to the “Writ Filed” section and log a date in the Writ column. Even though Nationwide says “Writ Filed” on the screen, it is not truly filed yet. You must follow the second step of filling out our Writ Request Form.

After both steps are completed, a member of our Team will then prepare and file the paperwork with the Court, and pay the court costs for you. What this means for you is that for all Writ requests received through our online system by noon, we will do our best to get the Writs processed and to the Clerk within 24 business hours. We will either courier the Writs and payment to the Clerk the same day (in the counties where we have offices) or we will send them via our Overnight Delivery Service so that the Clerk has them in hand the next business day. If you do not receive an invoice for a Writ of Possession within 24-48 hours, please reach out to us immediately as there is a delay and we are most likely waiting to hear back from you.

IMPORTANT NOTE: Please click and read State-specific instructions below, as well, very carefully as there are certain deadlines and certain “Next Steps” you must carry out to complete the process fully. Failure to follow these instructions could result in you having to restart the eviction process from scratch which could cost you thousands of dollars.

DON’T MISS THIS:  Until all CARES and Rental Assistance restrictions have gone away, every time you request a Writ of Possession, you should hear back from one of our team members, typically the same day, with a few follow-up questions. Those questions must be answered in writing by you before we may proceed. If you request a Writ and you don’t receive a follow-up email within 24 hours, contact us immediatelyJust because your case is sitting in the “Writ Filed” section of Nationwide, that does not mean the paperwork has actually been filed. We cannot file the writ until you respond to those follow-up questions via email or complete our Writ Request form. Just to reiterate, your Writ is not filed until you receive our invoice. If you have not received our invoice, your writ has only been requested but has not yet been filed because we’re waiting to hear back from you.

 

 

North Carolina

After the appeal period has expired, you will receive an automated reminder to come back to the website and request any Writs that are needed. Writs are not prepared automatically, so be sure to come back and specifically ask us to prepare those that are needed. When you do, we prepare and file the Writs, then pay the court fees up front and invoice them back to you. Receiving our invoice is your sign that the paperwork has been process and sent to the courthouse.

After the Clerk receives the paperwork for the Writs of Possession you requested, they will process and forward them to the local Sheriff. This can take several days to a week. Once the Sheriff receives the Writs from the Clerk, the Sheriff should contact the property directly within 5 days to schedule a lockout. If you have not heard from the Sheriff within 7-10 days, please contact our office for assistance.

NOTE:  Some counties are taking 3-5 weeks due to a severe backlog and shortage of staffing. We ask that you please be patient and do not harass the courts as this will not speed them up. If you have questions, please contact our office.

South Carolina

Writs expire very quickly, so if you need a Writ, please login and request it immediately when it is available. Also go ahead and preemptively fill out the Writ Request Form (the 2nd step of the process). You don’t have to wait for us to ask you to do it. Waiting 2 or 3 days could require you to have to start the process all over again, depending on the County. After we prepare the paperwork and cut the checks, we overnight it to the clerk of court in your jurisdiction.  Receiving our invoice is your sign that the paperwork has been process and sent to the courthouse. If you do not have an invoice within 24-48 hours, contact us immediately.

After the Writ is filed with the Clerk, they approve it and pass it on to the local Sheriff or Constable to serve upon the defendant. You will need to wait until 24 hours after the Sheriff or Constable posts the Writ and then you will need to contact them directly to schedule a set-out. We recommend calling the clerk/constable 48 hours after you request it through the online system.

NOTE: In a small number of counties in South Carolina, the clerk may require you to come by the courthouse and sign an affidavit. Please contact your eviction service manager to verify the time constraints for your specific county. If you believe it is time to file the writ, and you are unable to do so in the website, please contact your eviction services team immediately so that they can check on it for you right away.

NEW:  Please download specific procedures for Spartanburg County if you are located there.

Once you have received our invoice for the Writ filing, you should set a personal reminder so that if you have not heard from the Sheriff or Constable within 48 hours, you remember to reach out to them directly.  Click here for court contact information.

Georgia

After you win possession, you will receive an automated reminder to come back to the website and request any Writs that are needed. Writs are not prepared automatically, so be sure to come back and specifically ask us to prepare those that are needed. When you do, we prepare and file the Writs, then pay the court fees up front and invoice them back to you. Receiving our invoice is your sign that the paperwork has been processed and sent to the courthouse.

After the Clerk receives the paperwork for the Writs of Possession you requested, they will process and forward them to the local Sheriff or the U.S. Marshalls (depending on your jurisdiction). This can take several days.  If you have not heard from the authorities within 2-3 business days, please contact our office for assistance immediately.

If you do not need a Writ, however, please log into your account and click on Vacated or Dismiss instead.