A deed of possession is a court order granting the right of possession to a party who does not currently possess tangible property. It can be issued to anyone who is illegitimately in possession of someone else’s property. If the person served with the deed wishes to oppose its issuance, they may file an urgent motion to suspend the deed. If the deed is issued, it will be posted on the door of the person in illegitimate possession. If they fail to comply, they may face civil contempt of court and other penalties. The person to whom the writ is issued may file a motion to suspend the deed of possession.
A deed of possession is a court order granting the right of possession in any tangible property to a party who does not currently possess. The deed must be delivered to the party currently in possession of the property by a sheriff who will execute a transfer of ownership to the lawful party. To obtain this type of order, the party must file in the jurisdiction where the property is located and the judge must determine that the circumstances meet the requirements for its issuance. In the event that the person served with the deed of possession wishes to oppose its issuance, he may file an urgent motion to suspend the deed in the court where the deed was issued.
The deed of possession can be issued to anyone who is illegitimately in possession of someone else’s property. These acts apply both to circumstances in which someone remains unlawfully in another’s property – for example, after an eviction – and if that person retains possession of property belonging to another. For example, if a person borrows an item from someone else and the rightful owner requests its return but his requests are ignored, the owner can request that a deed of possession be issued for the return of the item. The requirement is simply that the person presenting the deed of possession is entitled to immediate possession of the property that has been wrongfully held by another.
Generally, if a deed of possession is issued, it will be posted on the door of the person who is in illegitimate possession of the property. If the item is not returned or the part does not move from the property within a period of time, usually 24 hours, a sheriff will appear at the residence after that period of time to enforce the deed. If the illegitimate possessor fails to comply with the order, they may be held in civil contempt of court in addition to facing other penalties, such as conversion of the illegitimately held property.
The person to whom the writ is issued may file a motion to suspend the deed of possession. There are four requirements for a valid emergency motion to keep the writ. The most important thing is that there must be legitimate reasons showing that the person actually has the right to possess the property. The petition must also ask the judge to stop the sheriff from carrying out the deed and a further request that the judge grant a hearing for the party to answer the charge of illegal possession. Finally, a copy of the application must be notified to the defender of the counterparty. If the emergency motion is granted, the party who filed the motion will have a chance to tell their side of the story in court.
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