The Jefferson County Sheriff’s Office literally receives thousands of court orders directing the Sheriff to evict people from their residences.

Here is the  procedure:

The landlord sends a certified or hand delivered “7-day letter” to the tenant. asking for the rent to be paid within 7 days.

If the rent is not paid within the 7 days,  the landlord goes to Small Claims Court at 600 W. Jefferson St. 2nd floor (595.4475) and files for eviction. A court date is set and the Jefferson County Sheriff’s Office mails and hand delivers an eviction notice (Writ of Forcible Detainer).

If the landlord wins an eviction judgment in court the renter has 7 days to appeal. She can ask for a hearing or a trial. If the renter has not made an appeal, but still does not vacate: the landlord must return to Small Claims Court and ask for a Warrant of Possession to get the property back.

A judge will then sign a “set-out” Warrant of Possession. The landlord and the Sheriff agree on a date to have the tenant’s property put outside the home. The “set-out” warrant is hand delivered to the tenant by a Sheriff’s deputy or posted on the door.

At the designated time the landlord’s moving crew and the Sheriff’s deputies meet to evict the tenant. A landlord can then go to Small Claims Court to recover back rent.

• The landlord will have 3 people for an eviction from an apartment and 5 for a house. One hour is allotted for eviction.
• The tenant’s property is placed in front of the house, 1 foot from the curb and not blocking the sidewalk.
• The landlord must leave the property for 48 hours after set-out.
• After 48 hours the landlord has the right to remove the property.
• The landlord should then change the locks.
• An address must be visible on all rental property and each apartment must be numbered or identified properly.

FAQ

Question: Will filing for bankruptcy prevent me from being evicted?
Answer: Filing for bankruptcy creates a court order called the “automatic stay” that stops eviction lawsuits. However, filing bankruptcy will only protect you for a short period of time-- following which the landlord will be able to proceed with the eviction.
If the landlord already has a "set-out” Warrant of Possession the automatic stay will not help you. The landlord can complete the eviction process and have you removed from the property now.

Question: What if I keep current on my rent?
Answer: If you are not behind in your payments, you should continue to pay your rent and your landlord probably won't learn about your bankruptcy.


Questions? Call me on my cell now at 502-592-9771 so we can discuss your choices. I will pick up personally. 502-592-9771.