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. That way, you will not be charged Court Costs and attorney’s fees for a Writ that you might not have needed.
If you need a Writ of Possession, simply click on the word Writ and the case will move to your Writ Filed section and log a date in the Writ column. That date is the date you requested it, and not the date it is actually filed. 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 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 read the instructions below for your state 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.
CARES & CDC UPDATE: Until all CARES and CDC 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 immediately.
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. 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.
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 you request the writ through the online system, we overnight it to the clerk of court in your jurisdiction. 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.
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. 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 7-10 days, please contact our office for assistance.
If you do not need a Writ, however, please log into your account and click on Vacated or Dismiss instead.