What Happens After an Eviction Judgment

After a landlord wins an eviction case, you are not removed on the spot. The landlord has to get a removal order from the court (called a writ of possession, writ of restitution, warrant, or order for possession, depending on the state), and a sheriff, constable, or marshal carries it out only after a set notice period: 24 hours after the sheriff posts notice in Florida, 5 days in California, and 14 days in New York. Until then you may be able to appeal, ask for more time, or, in a case about unpaid rent in New York, Pennsylvania, or Washington, pay what you owe and stay. The money part of the judgment, for back rent and court costs, is collected separately, through wage garnishment or a bank levy if you do not pay it.

How long you have before the lockout

The notice period runs from the day the officer serves or posts the notice, not from the day of the judgment. These are the minimums in six states:

Check the date and time on your notice and plan to be out before then. Anything you leave behind is handled under your state's rules for your belongings during and after an eviction. For the steps that come before the judgment, see how long the eviction process takes by state.

Can you appeal or ask for more time?

An appeal asks a higher court to review the judgment. Deadlines are counted in days, and filing an appeal does not always keep you in the home:

• Texas: File within 5 days after the judgment is signed, with a bond, a cash deposit, or a Statement of Inability to Afford Payment of Court Costs, and swear that you believe in good faith that you have a valid defense. In a home rental case you must also pay one rental period's rent, in the amount set in the judgment, into the justice court's registry (an account the court holds) within 5 days after you file, and then pay each period's rent into the court on or before the day it begins. If a housing agency pays part of your rent, you pay only your share. If you miss a payment, the court can issue the writ without a hearing.
• Pennsylvania: File with the court of common pleas within 10 days after the judgment, or within 30 days if you are a victim of domestic violence and file the court's domestic violence affidavit. The appeal stops the eviction only if you deposit the lesser of 3 months' rent or the rent the judgment says you owe, then deposit the monthly rent within 30 days after the appeal and every 30 days after that. If you cannot afford that deposit and your household income is within the court's limits, you can file a sworn tenant's affidavit instead and deposit one-third of a month's rent when you file (if this month's rent is unpaid), two-thirds within 20 days, and a full month's rent every 30 days after. If you participate in the Housing Choice Voucher Program (Section 8) and file the voucher tenant's affidavit, these deposits are based only on your share of the rent.
• California: An appeal does not stop the sheriff. To stay past the 5 days, ask the court for a stay of execution (an order giving you more time) at least 1 court day before the move-out date on your notice. Notify your landlord or their attorney at least 24 hours before going to court, and bring enough money to pay the landlord for the extra days you request.

Courts can also delay a lockout without an appeal. In New York, the court can stay or cancel the warrant for good cause at any time before it is carried out. In a Washington unpaid rent case, the court can put the writ on hold under a payment plan of up to 90 days: you pay one month's rent within 5 court days of the order, at least one month's share of rent in each later 30-day period, and the whole judgment plus all additional rent due within 90 days of the order. You must also pay ongoing rent as it becomes due. If the order is entered after the 15th of the month, you may spread the following month's rent through the payment plan; later rent payments must follow the rental agreement. The judge weighs your payment history, the reason you fell behind, and the hardship an eviction would cause. You cannot get a Washington payment plan if you received 3 or more valid notices to pay rent or leave in the 12 months before the notice behind the case. A legal aid lawyer can tell you whether you have grounds to appeal; see finding free legal help for eviction defense.

Can paying what you owe stop the eviction?

In some states, yes, if the case was only about unpaid rent:

In Washington, the landlord must also accept a written pledge of emergency rental assistance from a government or nonprofit agency if it brings the total paid up to the full amount due, and must pause the case for 14 court days after giving the agency its payment information.

Where no law gives you this right, the landlord decides whether to take the money and call off the eviction. Get any deal in writing before you pay. In Washington, once the writ is issued, a partial payment does not stop a scheduled eviction unless you give the sheriff a copy of a written agreement signed by you and the landlord. Negotiating with your landlord to avoid eviction covers what to ask for.

What happens to the money you owe

The judgment can order you to pay back rent, damages or penalties, and court costs or attorney's fees. If you do not pay, the landlord can ask the court to collect that money judgment by garnishing your wages or levying (taking money from) your bank account.

Federal law caps wage garnishment for this kind of debt at the lesser of 25% of your weekly disposable earnings (pay left after legally required deductions such as taxes) or the amount by which those earnings exceed $217.50, which is 30 times the $7.25 federal minimum wage. If your state allows less to be taken, the state limit applies. Your employer cannot fire you because your pay is garnished for one debt.

Example: your disposable earnings are $600 a week. 25% of $600 is $150. The amount over $217.50 is $600 minus $217.50, or $382.50. The lower figure, $150, is the most that can be taken each week. At $250 a week, 25% is $62.50 but the amount over $217.50 is only $32.50, so the limit is $32.50.

Some income is protected from collection. In California, Social Security and money you need to support your family are exempt, and you claim the exemption on a court form (EJ-160 for a bank levy, WG-006 for a wage garnishment).

To resolve the debt, pay it in full or ask the landlord for a written payment plan; in California you can also ask the court for permission to pay over time. After you pay, ask the landlord to file an acknowledgment that the judgment is satisfied (California uses form EJ-100) and keep a copy. Washington requires the landlord to file a satisfaction of judgment once the judgment is paid. For how the case and any unpaid balance can show up when you apply for your next home, see how an eviction affects your credit score and rental history, and to find out whether the case can be hidden from public view, see sealing or expunging eviction records.