If the tenant fails to appear at the First Appearance Hearing, a Judgment of Restitution is granted. After paying a $18.00 fee to the court, the landlord will be given a Notice of Restitution which needs to be served on the tenant. The Notice of Restitution includes a vacate date and time by which the tenant must move out and, when requested, the landlord may be awarded its filing fee, service expenses, and a prevailing party fee to be paid to the landlord. An FED judgment is a public record and is usually reviewed and reported by credit agencies.
When the tenant appears and there is an agreement (either through the Judge or through the mediator), the court will enter a Stipulated Judgment per the agreement. If the tenant does not comply with the agreement, no additional hearings are needed. The landlord may file an Affidavit of Noncompliance (a court form) and pay an additional $17.00 which results in a Judgment of Restitution being signed and a Notice of Restitution being issued by the Court Clerk. This procedure usually takes just one day.
When a judgment for possession is granted, the landlord enforces the judgment by having the Court Clerk issue a Notice of Restitution. This notice tells the tenant that they have 4 calendar days to move out, beginning the day after they are served with the notice.
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If the tenant still does not move out, the landlord can get a Writ of Execution. Upon payment of a $47.00 fee to the court and a fee to the Sheriff, (between $125 and $155), the landlord may ask the Sheriff to physically remove a tenant from the property. Only the Sheriff can serve a Writ of Execution. The Sheriff’s office will schedule the “lock out” with the landlord so there is someone there to take possession of the tenant’s property, if any remains on the premises.