Sheriff refusing to execute the Writ of Possession

[Denise Hunt]

Two weeks ago I was successful in evicting a tenant who stopped paying rent when COVID hit.  It took over 5 months to get the eviction because the tenant is incapacitated and ill.  Family members moved in to take care of her, but they also allowed other squatters move into the property. The judge delayed filing the eviction until she was able to secure a court-appointed attorney represent the ill tenant.  The judge also put the family members in touch with social services and gave them 2 months to get arrangements made for a new place to live--which of course didn't happen.

The sheriff has been sitting on the Writ for 2 weeks.  He went out a week ago, and decided he wouldn't be responsible for evicting the ill tenant.  I've made many calls to the sheriff and social services but can't get anyone to do anything.  I need some solutions if anyone has been through something similar.  The family members know they have a good thing and they are in no hurry to move along.

[JD Martin]

@Jerry W. can probably give you some advice. I don't know how the laws out west work but essentially here the sheriff would be in contempt of court for refusing to exercise a legal mandate. Whether or not the court acted upon that situation would be another matter entirely.