Writ of Assistance

A writ of assistance is an order directing that a party convey, deliver, or turn over a deed, document, or right of ownership. This writ, which may also be called a writ of restitution or writ of possession, usually serves as an eviction from real property.

In addition, if a judgment directs a party to execute a conveyance of land, to deliver a deed or other document, or to perform any other specific act, and the party fails to comply within the time specified, the court may direct the act to be done by some other person appointed by the court at the cost of the disobedient party. Where so performed, the act has like effect as if done by the party.

Territorial Limits

The writ is normally limited to execution within the state in which the district court is located unless extended by federal statute, rule or court order.

Issued By

The writ is issued by the Clerk of the U.S. District or Bankruptcy Court, at the discretion of the judge, after judgment is rendered.

Served By

The writ is served by a U.S. Marshal or other person, presumably a law enforcement officer, specially appointed by the court in accordance with Federal Rule of Civil Procedure 4.1(a).

Manner of Service

The writ is served according to the exact instructions outlined in the writ.

Return

The person who effects service shall make proof of service by recording the action taken pursuant to the instructions contained in the writ.