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Kandy Fatheree, Sheriff
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Civil Division – Sheriff Sales
(330) 643-2278
# 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 . (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
IN THIS SECTION:
53 University Ave.
Akron, Ohio 44308
Telephone: 330-643-2154
Fax: 330-434-2701
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# Carnival With a Cop
#### Local Children are partnered with a deputy or officer who spent the day with them riding rides, playing games, visiting exhibitions, and eating all that great fair food. Lunch was provided for all, and bookbags and school supplies were handed out at the end of the event.
### Related Resources
# Senior Services - Senior Watch
#### Senior Watch is designed to serve and protect senior citizens who live alone. Those enrolled in the program are paired with one of our deputies who will check in regularly with them to ensure their safety and well-being.
# Safety City
#### Safety City is a five-day program designed to educate pre-kindergarten children residing in or attending school in one of our patrol districts. The program is directed by our D.A.R.E. Officers, and covers a variety of topics such as: stranger danger, bicycle safety, water safety, wildlife education, seat belts, bus safety, crossing the street, traffic lights, fire safety, 911, and more.
# Neighborhood Watch
#### The Sheriff’s Office is active in the Neighborhood Watch program, which is a special partnership between deputies and residents who share a common goal of identifying crime problems and working together on solutions in the areas where they patrol or live.
# Christmas With a Cop
#### The Sheriff’s Office partners annually with other local law enforcement agencies to host Christmas With a Cop, in which economically disadvantaged children are partnered with officers and deputies to do some Christmas shopping for their families and themselves. The summertime equivalent of this program is our Carnival With a Cop, in which local children spend the day with a deputy or officer at the Summit County Fair.
# Drug Abuse Resistance Education
#### Summit County Sheriff's Deputies have taught the D.A.R.E. program since 1991. This program is offered to over 6,000 children in six school districts and nine parochial schools each year. Currently, the Summit County Sheriff's Office provides five different instructional programs from Pre-Kindergarten through Eighth Grade.
# Juvenile Diversion
#### The Juvenile Diversion Program is a partnership between the Sheriff’s Office, the Juvenile Court System, and local communities to help reduce juvenile crime by offering first-time, non-violent offenders the opportunity to perform community service.
# Quick Response Team
#### The Quick Response Team is a unit comprised of a counselor, a paramedic, and a Sheriff's Deputy. The team visits individuals who have suffered a drug overdose with the goal of convincing them to seek treatment and establish a path to recovery. While on scene, the team provides resources for overdose victims and their families.
# S.M.A.R.T. Trailer
#### The Speed Monitoring Awareness Radar Trailer (S.M.A.R.T.) is used by the Sheriff’s Office to address citizen speed complaints, educate the public on problem areas, and gather data relating to speeding and traffic volume to develop proposed remedies.
# School Resource Deputy
#### The Sheriff's Office has deputies assigned to the Green School District that assist with daily problems that occur at the school including conflict resolution, truancy, and safety issues, and also assists in educating students and teachers on aspects of law and youth violence.
# Senior Services - Knox Box Program
#### The Knox Box program promotes senior safe living by allowing quick access to our seniors that are in need of prompt medical attention. Durable and secure lock containing house keys are hung outside the participant’s home which only first responders can gain access to in the event of an emergency.
# Senior Services - Senior Coalition
#### Seniors who don’t meet the criteria of our Senior Watch program are able to enroll in our Senior Coalition program. Sheriff’s Office volunteers and different community entities and organizations arrange programs and presentations throughout the year that cover topics relevant to seniors.