[RPPTL LandTen] Writ

Thu Dec 20 05:49:09 PST 2012

Thank you for the updated info.

Joseph P. George, Jr., Esq.
Joseph P. George, Jr., P.A.
Dadeland Professional Building
9655 South Dixie Highway
Suite 207
Miami, Florida 33156

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-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Alberto M. Cardet
Sent: Wednesday, December 19, 2012 6:48 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Writ

I was under the impression that there was some type of 30 day expiration to writs of possession, where the sheriff would not execute a writ if it is more than 30 days old when delivered to them, then again, that may be a Dade Sheriff procedure not something prescribed by rule or statute.

As far as wait time in Dade, currently the sheriff will serve the 24-hour notice within 3-4 days of receiving the writ and will execute the writ (move out / lock out) 2 or 3 weeks later.  At one point (about 2 years ago) it was taking close to 2 months.

I don’t know about other counties but Dade has an "expedite fee", where if the plaintiff pays the sheriff overtime rates they 24 hour notice will be posted within a day of receipt by the sheriff and the execution of the writ will be right upon the expiration the 24 hour period after posting.  The current "expedite fee" is $167 to post the 24-hour notice + $767 to execute the writ.  See attached rate sheet.

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
305-403-7824 (fax)

-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk
Sent: Wednesday, December 19, 2012 6:08 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Writ

A Writ of Possession is usually processed within a couple days, sometimes even served the same day as received by the sheriff in some counties.

As long as rent is not accepted, there is no expiration date and a delay in delivery to the Sheriff would not be a problem.

The Clerk does not mail the Writ to the Sheriff. It is picked up by the runner for the Sheriff's Department or hand delivered by the runner for the attorney to the Sheriff.

We find there is no delay in the Writ getting to the Sheriff after issuance but sometimes a massive delay in execution. 

Dade is the absolute slowest in the entire state.

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com
Email: harry at evict.com
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-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Dariel Abrahamy
Sent: Wednesday, December 19, 2012 5:53 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Are there any volume debtor practice bankruptcy attorneys in South Florida?

How long is a Writ of Possession good for? Is there any rule on this? Fla.
R. Civ. P. 1.580 doesn't address it. It says the Writ shall issue forthwith and the Clerk shall deliver it to the Sheriff. 

For sake of argument, let's say the Writ is issued and the person "hand-delivers" it to the Sheriff. Yet they wait 2 months before actually hand-delivering it to the Sheriff.  Will the Writ still be valid? Or if the Clerk issues it and mails it to the Sheriff and it takes 3 months to process. 

Dariel J. Abrahamy, Esq. 
Greenspoon Marder, P.A.
100 W. Cypress Creek Road, Suite 700
Fort Lauderdale, FL 33309
P: 954-491-1120; F: 954-343-6972
Dariel.Abrahamy at gmlaw.com

-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Wednesday, December 19, 2012 11:59 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Are there any volume debtor practice bankruptcy attorneys in South Florida?

I'm still looking for a Landlord's attorney in Vero to assist a client in a County Claim dispute.

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens at earthlink.net

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-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Alberto M Cardet
Sent: Wednesday, December 19, 2012 11:56 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Are there any volume debtor practice bankruptcy attorneys in South Florida?

There may be too many!

Patrick Cordero
Timothy Kingcade
Michael Frank

I would recommend Sady Picart (305-382-6150) / Sandra Navarro-Garcia
(305-264-7400) although a volume practice there is personal attention.

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
305-403-7824 (fax)

-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of jmazor
Sent: Wednesday, December 19, 2012 8:01 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Are there any volume debtor practice bankruptcy attorneys in South Florida?

Are there any volume debtor practice bankruptcy attorneys in South Florida?

Jeff Mazor

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