43.1413 Issuance of writ of restitution-Conditions.

Cite as [A.S.C.A. § 43.1413]

(a) Subject to the time restrictions of this section, the court entering a judgment for possession issues a writ commanding an officer authorized to serve the process, causing the plaintiff to be restored and put in full possession of the premises.

(b) On conditions determined by the court, the writ of restitution may be issued immediately upon the entry of judgment for possession whenever one or more of the following is pleaded and proved, with notice, to the satisfaction of the court:

(1) forcible entry was made contrary to law; or

(2) entry was made peaceably but possession is unlawfully held by force; or

(3) the defendant came into possession by trespass without color of title or other possessory interest; or

(4) the tenant, willfully or negligently, is causing a serious and continuing health hazard to exist on the premises or is causing extensive and continuing injury to the premises and is neglecting or refusing either to deliver up possession after demand or to substantially restore or repair the premises.

(c) In all other cases, the writ of restitution may not be issued until the expiration of 10 days after the entry of the judgment for possession.

(d) If an appeal is taken or a motion for new trial is filed before the expiration of the period during which the writ of restitution may not be issued and if a bond to stay proceedings is filed, the period during which the writ may not be issued is tolled until the disposition of the appeal or motion for new trial is final.

(e) When the judgment for possession is for nonpayment of money due under a tenancy the writ of restitution may not issue if within the time provided, the amount as stated in the judgment, together with the taxed costs, is paid to the plaintiff

History: 1984, PL 18-27 § 1; 1986, PL 19-41 § 1.