[RPPTL LandTen] Writ of Possession?

[Jeremy Cranford]

Dear Colleagues,

Textually, the ‘suspension’ doesn’t have an end.

Interestingly, the Admin order seems to just say the “forthwith” requirement is suspended.  Arguably, they must still issue the writ – just not “forthwith”.  I suppose the difference would technically be “within a reasonable time period” instead of “immediately”.  Granted, the Clerks seem to have taken the position they just don’t have to do it at all.

The general context of the orders seems to have to do with protecting the Court and protecting the public from each other while at the Court. I’m not sure if the idea of the writ ‘forthwith’ suspension is to protect the Court’s from people picking up writs (we get these writs electronically and then mail them to the Sheriff), to protect the Sheriffs, (or off-message for the order): some attempt to effectuate the Governor’s order (doesn’t seem that closely related), or a Court-effort at consumer protection.

If its consumer protection, perhaps the Court will withdraw it to coincide with the end (current) of the Governor’s current ‘suspension’ of ‘eviction and (for residential) mortgage foreclosure statutes’ on June 2 at 12:01am.

I’d love to know your thoughts.


Sincerely,
Jeremy T. Cranford

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Jeremy T. Cranford, Attorney, LL.M. (Real Estate)
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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Harry Heist
Sent: Friday, May 29, 2020 1:29 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
Subject: [RPPTL LandTen] Writ of Possession?

Can anyone figure this out?

Is the Writ of Possession suspended indefinitely?

The Clerks are all confused as well.

Harry

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