Legal Definitions - writ of restitution

Definition: A writ of restitution is a legal process used to enforce a civil judgment or verdict in a criminal prosecution for forcible entry and detainer. It is typically used in cases where someone has been wrongfully evicted from their property or has had their property taken from them illegally.

Example 1: John was renting an apartment from a landlord who failed to maintain the property. John complained to the landlord about the issues, but the landlord refused to make any repairs. Eventually, John stopped paying rent and moved out. The landlord then filed a forcible-entry-and-detainer action against John and had him evicted. However, the court later determined that the eviction was illegal and issued a writ of restitution, allowing John to move back into the apartment.

Example 2: In a criminal case, a defendant may be ordered to pay restitution to the victim as part of their sentence. If the defendant fails to pay the restitution, the victim can seek a writ of restitution to enforce the judgment and collect the money owed.

These examples illustrate how a writ of restitution can be used to enforce a court's decision and provide relief to someone who has been wronged. It is a legal tool that can be used to ensure that justice is served and that people are held accountable for their actions.