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February 2016 Legal Tidbit

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Question: Why do I need a writ of restitution?

Answer:

The writ of restitution is the court’s order to the sheriff to remove your tenant from the rental unit. There is no self-help eviction in Colorado. The county sheriff is the only person authorized by law to perform the physical eviction of a tenant. The sheriff will only act if directed to do so by the court.

November's Legal Tidbit

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Why does scheduling the sheriff to execute the writ of restitution take so long?

Answer: Evictions run on a monthly cycle: typically rent is due on the first, late on the fifth; three day notices are posted on the sixth to expire on the ninth; evictions are started on the tenth with the initial court dates during the third week of the month. So, most writs are issued around the 20th and show up at the sheriff’s offices on the following day. So the sheriff’s offices see a large number of writs most of which arrive at their office in the third and fourth week of each month. They only allocate a certain budget for evictions and have limited manpower to perform them. Each eviction by the sheriff takes about an hour.

Reminder: If you’d like to check the status of your pending eviction cases online, we have a web portal you can use to do that. Contact our office for more information.

We are happy to answer your questions; no charge! (303) 758-0500.

2109 S. Wadsworth Blvd | Suite 202 | Lakewood, CO 80227
Phone: (303) 758-0500 | Fax: (303) 969-0501

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