How Do I File a Writ

Updated March 7, 2023

Please be sure to read the introductory information below. After you’ve done that, please read your State Specific information below that. To do so, click the name of your State, and that section of the page will expand so that you may see how things are handled in your particular area.

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 the second step described in the supplemental state-specific information below. It is a two-step process.

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 DocuSign or complete our Writ Request form as we describe below. 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.

Last, but not least, when you’re done with the process of requesting the Writ and getting it filed, don’t forget to read important instructions on How You Should Deal with Belongings Left in the Unit.

In North Carolina, after you click on the word Writ (in the eviction portal Nationwide Compliant), 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. Typically, within 1 – 2 business days of you clicking the word Writ in Nationwide, you will receive a follow up email from our NC Writ Team with a link to a DocuSign form that you must complete before we can actually send your Writ request to the courts. This follow up email will go to everybody listed as a contact for the property, but only one person at the property needs to fill it out. Please coordinate with your team so that duplicate submissions are not sent to us.

After both steps are completed, a member of our Team will then prepare and submit the paperwork to the Court for filing, and we will also 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 2 business days. We send them via our Overnight Delivery Service so that the Clerk has them in hand the next business day after we generate the paperwork and the checks.

If you do not receive an invoice for a Writ of Possession within 2 business days of requesting it, please reach out to us immediately as there is a delay and we are most likely waiting to hear back from you.

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 or possibly even weeks, depending on the county. 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 of receiving our invoice, 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.

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. We are also piloting a DocuSign process with certain clients in select counties, so if you receive a DocuSign request from us, please do not ignore it.

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 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.

Writs expire very quickly, so if you need a Writ, please login and request it immediately when it is available. 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 processed and sent to the courthouse. If you do not have an invoice within 24-48 hours, contact us immediately.

After the Writ is filed by 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.

Additional Information can be found here for Aiken, Berkeley, Charleston, Dorchester, Greenville, Lexington, and Spartanburg Counties.

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.

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 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.

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. One of our team members will coordinate scheduling the setout with the Sheriff or Marshall on your behalf and notify you with date, time, and instructions. We do not send a set out crew, so you will either need to utilize your maintenance team or notify your setout crew of choice.

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

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