A writ of possession—also known as a writ of eviction—is a court order issued after the landlord wins an eviction case in court against a residential or commercial tenant. This court order gives the landlord the exclusive right to possession of the property. The local sheriff or constable will often serve the writ of possession or eviction on the tenant and will physically remove the tenant if necessary.

A writ of possession is also issued to a purchaser of a property that was foreclosed on and sold at a sheriff’s sale—which historically took place on the courthouse steps, and sometimes still does. In the foreclosed property context, the writ of possession allows the purchaser who bought the property in foreclosure to take immediate possession of the property.

Laws regarding writs of possession or writs of eviction vary from state to state, including the amount of time the tenant has to vacate the property after being served with the writ of possession or writ of eviction—generally ranging from 24 hours to 30 days—before being physically removed by the sheriff or constable.

In New Mexico, a writ of possession, also known as a writ of eviction, is a legal instrument that a landlord can obtain after successfully winning an eviction lawsuit against a tenant. This writ authorizes the landlord to reclaim the property and is enforceable by the local sheriff or constable, who can serve the notice to the tenant and carry out the physical eviction if necessary. The process is governed by the New Mexico Owner-Resident Relations Act. After the court issues a writ of possession, the tenant typically has 3 days to vacate the premises before the sheriff or constable can enforce the writ. In the context of foreclosed properties, the writ of possession allows the new owner, who purchased the property at a sheriff's sale or foreclosure auction, to take possession of the property. The specific procedures and timelines for eviction and enforcement of a writ of possession can vary depending on the local jurisdiction within New Mexico, so it is important for landlords and tenants to be aware of the rules that apply in their area.