I received an order of restitution - what are my options?

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An Order of Restitution requires a sheriff or constable to physicall evict you.

The order will tell you:

  • You must move out and get all of your stuff out;
  • When you must vacate - usually 3 calendar days following service of the order, but it might be less; and
  • About the right to a hearing to contest how the order is enforced.

You don't have many options when you receive the Order of Restitution.

Here are some possible next steps:

  • Move out - if you can't take all of your belongings with you, plan to at least take:
    • Important documents, like identification, social security cards, and birth certificates
    • Things you need for your health, like medicine, medical supplies, glasses, and important medical records
    • Cherished objects, like treasured photos, momentos, and other things that have a strong sentimental value
  • Try to work something out with your landlord - your landlord is not required to talk to you or to let you stay, but you can try talking to them and offering them something to give you more time

What about legal options to stop the eviction?

You can try filing either a

  • Motion to Set Aside Judgment. This asks the court to undo the eviction order. But you have to file it, have it served on the landlord's attorney (or the landlord if they don't have one) and then wait 14

  • Motion to Delay Enforcement of Judgment. This asks the court to delay the eviction order. The eviction could still move forward unless you ask the court to set aside the eviction order. But the court cannot grant the motion to delay unless you post a bond for a large enough amount to pay the landlord's probable costs, attorney fees, and damages (including unpaid rent) if the court decides in favor of the landlord. Any prepaid rent is a portion of the tenant's bond.

 

You should also receive form called a 2000EV. This form lets you ask for a hearing if you think your rights were violated. This form does not stop the eviction and is not an appeal. Both forms must be served by a sheriff, constable or private investigator. They must serve the documents by:

  • By delivering it to you personally
  • By mailing it registered or certified mail, or an equivalent means, to you at your residence
  • If you are absent from the residence, by leaving it with a person of suitable age and discretion and also mailing it to your residence, or
  • If a person of suitable age or discretion cannot be found at the residence, by affixing it in a conspicuous place at the residence
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