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 West Virginia, a writ of possession, also known as a writ of eviction, is a legal document that a landlord can obtain after successfully winning an eviction lawsuit against a tenant. This writ allows the landlord to reclaim the rental property. The process begins with the landlord filing a complaint in the relevant court, and if the court rules in favor of the landlord, the writ of possession is issued. Once the writ is issued, it is typically served on the tenant by a county sheriff, who is also responsible for enforcing the order. The tenant is given a period to vacate the premises, which can vary but is often around 24 hours to a few days in West Virginia. If the tenant fails to comply, the sheriff has the authority to physically remove the tenant and their belongings. In the context of foreclosed properties, the writ of possession enables the new owner, who has purchased the property at a sheriff's sale or foreclosure auction, to take immediate possession. The specific procedures and timelines for eviction and writs of possession in West Virginia are governed by state statutes and local rules, and they can be subject to change, so it is advisable to consult with an attorney for the most current information.