Why Would a Sheriff Come to My House with Papers?
A sheriff delivering papers to your house typically means your landlord is evicting you. You may be able to stop the eviction by paying what you owe, requesting a payment plan, or filing the right motions with the court, but you must act quickly before the deadline passes.
Answer Your LawsuitA sheriff at your door with legal papers usually means one thing. Your landlord is trying to evict you.
You need to understand your options. Action taken now can make all the difference.
Sheriff Served You Papers for a Debt Lawsuit?
You have 20-30 days to respond or face a default judgment. Don't let collectors win by default when you can fight back with the right response.
Respond to LawsuitWhat Does the Sheriff’s Visit Mean?
When a landlord wins an eviction case, the judge signs an order. The sheriff delivers or posts that order on your property.
You must remove yourself and all possessions by the deadline. The paperwork tells you exactly when you need to be out.
After the sheriff posts a Writ of Restitution, you typically have three days. Some states give you more time, but rarely over a week or ten days. The deadline ends at 11:59 pm on the specified date.
The sheriff won’t evict you in the middle of the night. But the deadline is firm and enforceable.
Can You Stop the Sheriff from Evicting You?
Your legal options depend on where the eviction lawsuit stands. Some strategies work better with an attorney by your side.
If you already had a hearing and lost, the sheriff brought papers because of that judgment. You might wonder if you can appeal and stop the eviction.
The answer depends on what happened at the hearing. It also depends on why you were evicted.
When You Owe Rent Money
You may be able to reinstate your lease if you can pay what you owe. You’ll need to file a motion to reinstate with the court.
You might also request a payment plan through another motion. Our partner Solo can help you understand how to respond properly to court actions.
If you can pay everything at once, gather the full amount first. You’ll likely owe back rent, late fees, court costs, and possibly attorney’s fees.
Talk to your landlord once you have the money. Explain that you want to reinstate your lease. Then file the motion to reinstate at the courthouse.
Ask the clerk to schedule a hearing for your motion. If the judge approves it, you can stop the sheriff from evicting you.
But you must pay rent on time going forward. Otherwise, you’ll face eviction again after paying all those fees.
Requesting a Payment Plan
You might qualify for a payment plan if you can catch up within three months. You’ll file a Motion to Stay the Writ of Restitution and for a Payment Plan.
Prepare to explain to the judge why you fell behind. You’ll need to address several important questions:
- Why you couldn’t pay rent on time
- Why you couldn’t pay the installments
- How soon you can pay back what you owe
- What payment plan works best for you
- Whether you’ve missed rent payments before
- Whether you’re otherwise a good tenant
- How difficult eviction would be, especially with dependent children
The judge may ask about your income and bank accounts. Be prepared to answer honestly about your financial situation.
You may need to pay over three months. The judge will set a strict schedule for when payments are due.
What If You’re Evicted for Other Lease Violations?
You cannot reinstate your lease if you’re being evicted for non-payment reasons. Overstaying your lease or violating other lease rules won’t allow reinstatement.
Requesting a New Hearing
Sometimes tenants feel they didn’t get enough time to explain at the hearing. Or they didn’t have all the evidence they needed.
You can ask for a new hearing in most states. But courts rarely grant these motions. The process is tough without legal representation.
Filing a motion doesn’t automatically stop the sheriff from evicting you. The judge might decide you’re just delaying the inevitable.
If that happens, you’ll lose the case and owe more money. The sheriff will still enforce the eviction.
When You Missed the Hearing
If you didn’t attend because you didn’t know about the lawsuit, you have options. You can file a motion to stay and vacate.
You’ll need a good reason for missing the hearing. You also need a solid defense for the lawsuit itself.
“I can’t afford to pay” isn’t usually enough. Without a stronger defense, you risk owing even more money.
Asking Your Landlord for More Time
Even if you’re not going back to court, talk to your landlord. You might negotiate more time to move, even after the sheriff posts a notice.
Many landlords would rather give you a few extra days than deal with complications. Be honest, respectful, and realistic about your timeline.
Other Reasons a Sheriff Might Visit
While eviction is the most common reason, sheriffs deliver other legal documents too. You might receive papers for a debt collection lawsuit.
If a creditor or collector sues you, the sheriff may serve the summons. You typically have 20 to 30 days to respond in writing.
Ignoring a debt lawsuit leads to a default judgment. The collector can then garnish your wages or bank account.
Our partner Solo helps you respond to debt lawsuits properly. You can file the right paperwork and protect your rights.
What to Do Right Now
Read every document the sheriff delivered or posted. Note all deadlines and requirements immediately.
Calculate how much money you owe, including all fees. Determine if you can pay it all or need a payment plan.
Contact your landlord to discuss your options. Many would rather work something out than evict you.
If you need to file motions with the court, do it quickly. Deadlines in eviction cases are strict and unforgiving.
Consider getting legal help if you can. Many communities offer free legal aid for housing cases.
Start preparing to move if you can’t stop the eviction. The deadline will arrive faster than you think.