445B - Civil Process Unit Order (Landlord Tenant Dispute 11.08.02) Flashcards
People with questions about eviction should be told to contact who?
- Clerk of the Court, or
2. Civil Process Section can answer limited questions
All evictions are handled by what unit?
Civil Process Section
Can a patrol officer enforce an eviction?
No unless Officer from Civil Process Unit is t97
Only time officer can be involved in land lord lock out is when what occurs?
Property inside is essential to health of tenant
May officer force entry into residence during lock out if no social services are available to obtain items essential for tenants health?
Yes
Landlord tenant dispute are usually what type of matter?
Civil
Who owns the Civil Process Unit Order?
Commanding Officer of the Civil Process Unit
An enforceable writ is a _______ action against a person or thing is required.
Positive action
An enforceable writ can only be executed by who?
Sheriff or his sworn deputy
Who can serve a non-enforceable writ?
- Any sworn LEO member of the Civil Process Unit, or
2. Any person designated by the Sheriff including Special Process Servers
All Special Process Servers serve at the discretion of who?
Sheriff
The only provision made in statues for a police officer to forcibly eject an occupant of a dwelling without a court Order is in the case of what kind of guest?
Temporary guest
In a Landlord lockout situation, if social service agency is not available to aid tenant, the the property inside dwelling is absolutely essential to the health of tenant, can officers forcibly enter premises?
Yes
If officer damages any property and there is personal injury involved who is notified?
COJ Risk Management Public Liability Adjustor
What is “a person whose residency in a dwelling intended for residential use has occurred for a brief length of time, is not pursuant to a lease, and whose issuance is transient in nature”?
Transient occupant
