Once a judgment has been entered, the landlord may accept payments on the judgment and still proceed with their request for the writ of restitution. HOWEVER, it is not uncommon for a tenant to waive a receipt at a constable when he or she comes to execute the writ of restitution and claim the writ cannot be served because the tenant paid. We, therefore, recommend the following procedures or steps when accepting money from a tenant after court and before the writ of restitution:
Have the tenant sign a note saying the tenant understands that the payment made is payment toward the judgment and will not stop the writ of restitution. OR If you are agreeing to delay the writ, list the terms that must be satisfied to stop the writ of restitution.
Accepting payment prior to obtaining judgment stops the case from going forward and will in most cases stop us from obtaining judgment.
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