Eviction Process

The Sheriff’s Office processes the evictions for the properties that SOLD AT SHERIFF’S SALE as a result of a Foreclosure Action. If it was not sold at Sheriff Sale, and is a landlord/tenant eviction issue, then you will need to contact the local Municipal Court where the property is located. (There are 3 Municipal Courts in Summit County: Akron, Barberton and Stow).

Please READ THIS NOTICE carefully, as the Sheriff’s Office reserves the right to modify these procedures as necessary to ensure our compliance with the Requirements of House Bills 390, 463, the Ohio Revised Code and Local Court Rule.

1. EVICTION PROCESS – General Information

a. If you attempt to gain access to the property before you have your deed and legal possession of the property, you can be subject to Criminal Charges being filed against you.

b. The buyer cannot access the property until the WOP Eviction has been completed.

c. If the property is still occupied or the occupants still have belongings in/on the property, it is the buyer’s responsibility to have the occupants evicted after the Confirmation has been filed and the SHERIFF’S DEED HAS BEEN RECORDED. Then the buyer can begin the Eviction Process (at the buyer’s expense) by filing a Precipe for the eviction paperwork, called WRIT OF POSSESSION.

i. This begins the process which gives the Sheriff’s Office the authority to process a 10-day notice for the occupant(s) to leave. The WRIT OF POSSESSION has to be served to the occupant(s) or posted on the property.

a. (Requesting the WRIT to be posted allows the Sheriff to serve the occupant(s) by leaving, or posting, the WRIT at the residence without obtaining a signature. Orders to Post can only be obtained through the court with the Judge’s approval and signature, then filed and certified by the Clerk of Courts.)

d. After service or posting, the Sheriff’s Office will check the property after 10 days. If the occupant(s) has/have not left, the buyer will be notified by email of an available date(s). The Sheriff’s Office will set a mutually agreeable eviction date with the buyer and it is that buyer’s responsibility to set up the movers, storage for the items, and the locksmith at the buyer’s expense. Property items cannot be put out on the curb. The occupant(s) then has/have to make arrangements with the buyer to retrieve their items out of storage. One month is the minimum time for a storage rental.

2. WRITS OF POSSESSION (WOP) - Process

i. Granted through Confirmation of Sale to the Purchaser

ii. Buyer must file a PRECIPE for Writ of Possession with the Clerk’s Office, at buyer’s expense

a. Precipe must be filed to start the process to put buyer in Possession of the Property

b. Must include contact information, including email address

c. Must also include a Filed COPY of the Confirmation of Sale

d. Contact the Clerk of Courts at 330-643-2219 for their filing fees and acceptable payment type

iii. VALID ONLY FOR 60 DAYS from date Clerk issues WOP to Sheriff (ORC 2329.53)

a. On occasion, the 60 days is not enough time to have the WOP processed, service made, property checked, and eviction completed. If this time should run out, then the Sheriff’s Office will request the buyer to file another (Alias) WOP with the court to continue the time (at buyer’s expense).

iv. Service of WOP must be attempted two (2) times within 28 days of receipt of WOP, BEFORE a Motion and an Order to Post can be prepared and submitted to the court.

a. If an Order to Post is done, a CERTIFIED FILED COPY must be delivered to the Sheriff’s Office in order to process.

a. To be Certified by the Clerk of Courts

b. The Court will not provide this

c. The Sheriff’s Office will not obtain this for you.

b. Service

a. Once Service has been made, our office gives the occupants 10 days to voluntarily vacate the premises.

b. We will check the property AFTER the 10 days to verify if the property appears vacant, or appears to still be occupied.

c. NOTE: You can check service updates here. (Enter your case number, Click Start Search. Once your case comes up, Check Service Type for Writ of Possession, Click on Service ID Number (6-digit number) to open Sheriff Docket to view Service Information and History)

3. EVICTIONS

i. Evictions will be set ONLY after:

a. THE SHERIFF’S DEED HAS BEEN FILED!

b. Service of WOP has been made

a. By PERSONAL Service (Owner/defendant); or,

b. By RESIDENTIAL Service (All Other Occupants / Tenants / etc); or,

c. By POSTING Service (Order to Post)

c. The Buyer will receive an EMAIL from our office with a tentative eviction date

a. This date MUST BE CONFIRMED by the buyer by replying to the email

b. The Buyer must provide the Sheriff’s Office with the following:

i. Moving Company Information

ii. Contact Name of Mover

iii. Contact Telephone Number of Mover

ii. On Eviction Date

a. The Sheriff’s Office will be there at the scheduled date and time and for Peaceable Means ONLY.

b. The Eviction Date is for a Full Removal of ALL CONTENTS.

c. Any belongings left in the house CANNOT BE PUT ON THE CURB!

d. Storage facility must be located in SUMMIT COUNTY

a. It is the buyer’s responsibility to set up the movers, storage for the items, and the locksmith at the buyer’s expense.

i. One month is the minimum time for a storage rental

b. Property items cannot be put out on the curb.

c. The occupant(s) then has/have to make arrangements with the buyer to retrieve their items out of storage.

d. If the occupant(s) fails to retrieve their items from storage, it is up to the storage facility to decide what is to be done with the items.

e. Should the Purchaser/Representative fail to show at the property on the confirmed and scheduled date and time, the WOP will be endorsed as a “NO SHOW” and will be returned to the Clerk/Court