Writ of Restitution or Possession - E-Forms - madisoncountycircuitclerk 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the case number at the top of the form. This is essential for identifying your specific legal action.
  3. Fill in the court name and location where your case is being heard. Ensure accuracy to avoid any processing delays.
  4. In the plaintiff and defendant sections, clearly state the names of both parties involved in the case.
  5. Specify the date of the original forcible entry and detainer action, as well as a detailed description of the land and tenements involved.
  6. Indicate any monetary amounts that need to be recovered from the defendant, ensuring all figures are correct.
  7. Finally, sign and date the form where indicated, confirming its authenticity before submission.

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It compels action when a party has failed to fulfill their legal obligations. Purpose: This writ is used to make sure that legal duties are carried out, particularly when there is a clear legal right to the action being demanded.
A Writ of Possession of Real Property is commonly referred to as the eviction writ. This writ enables the levying officer to satisfy the judgment by placing the judgment creditor in lawful and peaceful possession of specific land and appurtenant structures.
The only thing you can do at this point is file a Motion to Stay Execution of Writ of Possession. This motion will put the execution of the eviction order on hold for up to 10 days.
Whats next? After you have a Writ of Execution, you will send it with more instructions to the sheriff so they can try to collect the money owed.
The landlord files for a Writ of Possession to authorize the sheriff to evict. The sheriff serves the tenant with a 5-Day Notice to Vacate. If the tenant has not vacated, the sheriff will forcibly remove them.

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A Writ of Restitution in real estate is a court order that allows a landlord to reclaim possession of a rental property after winning an eviction case against a tenant. It is typically issued after the landlord has obtained a judgment for eviction but the tenant has failed to vacate voluntarily.

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