[RPPTL LandTen] Legislative Changes

Wed Jan 26 07:55:49 PST 2011

Hi Phyllis,

We thought about this as well.

Right now, the Deputy serves the Writ and then brings it back to the
Sheriff's Office, Civil Process.  They then docket it in their computers and
give it to the Deputy who will execute.

Current practice is for the Deputy to call the landlord or agent whose phone
number is on the Writ, and arrange for the execution. This would all stay
the same with Sheriff served Writs.  All has been paid for up front to the
Sheriff.

With the new law, on Process Server served Writs, the landlord, IF they need
execution will  pay the money to the Sheriff and ask them to execute. In
other word, once the Sheriff receives the money, they execute.

In many cases execution is not necessary and the sheriff simply writes
"unexecuted per plaintiff or plaintiff's agent" and it is returned to the
Clerk.

Harry

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Phyllis Harley
Sent: Wednesday, January 26, 2011 10:32 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: Re: [RPPTL LandTen] Legislative Changes

I am addressing the issue of HB 0291

I see an issue with coordination of the day after posting when the sheriff
will be required to appear to return possession to the owner. This bill
would now add a 3rd party to coordinate with (the process server who posted
the Writ).  What reporting requirement will the process server have to
notify the sheriff that the Writ has been posted and the sheriff can appear
the next day (24 hours notice) to return possession to owner and possibly
remove any persons still remaining on property?

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Wednesday, January 26, 2011 9:24 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: [RPPTL LandTen] Legislative Changes

Our Committee has been asked to give input on the following proposed bills.
If you have any comments on thee proposed changes as they relate to
Landlord/Tenant practice, please email Scott Frank, our Co-Chair and
legislative coordinator as soon as possible as we have only two days in
which to respond to the RPPTL Section on these.

House Bills 0059 (same as SB 328) - Giving process servers "unannounced"
access to residential common areas and gated communities to effect service.

HB 0291 (same SB 0426) - Amends 83.62.   Allowing process servers to post a
writ of possession in addition to the sheriff in residential cases.    

SB 176 - Relating in parts to affordable housing matters. 

Please send any comments to Scott at your earliest convenience.

Neil Shoter

Chair

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