- Who sends it
- The court clerk issues it on the buyer's application; the sheriff serves and carries it out
- What it starts
- Removal of the people still living in the home by the sheriff
- Do this first
- Call the sheriff's office named on the writ for the date, and call legal aid the same day
What this document is in Indiana
Indiana Trial Rule 70(A) says that when a judgment or order is for the delivery of possession, the party it favors can apply to the clerk for a writ of execution or assistance, or an order directing the sheriff to deliver possession. Under Ind. Code 32-29-7-10, the sheriff signs and delivers a deed to the buyer immediately after the sale, and the deed conveys all the rights of the parties to the case.
Newton County's sheriff explains it this way: if the property is still occupied and the buyer needs the sheriff's help removing the occupants, the buyer must file for a writ of assistance, usually with an attorney, and the sheriff then serves the writ and removes the occupants if necessary.
Why your right to stay has ended
Ind. Code 32-29-7-11(b) let you stay in the home rent free only until the sheriff's sale. Every Indiana sheriff's sale is made without right of redemption, so there is no period after the sale to buy the home back. The Pre-Suit Notice form warned that sheriff sales are not evictions, but after the sale the buyer can use this writ to get possession.
Timing
Neither the statute nor Trial Rule 70 sets a number of days between the writ and removal, and procedures vary by county. Call the sheriff's office as soon as you receive the writ and ask when it will be carried out. If you rent the home, tell legal aid right away, because tenants may have rights the former owner does not.
What to do this week
- Call the sheriff's office named on the writ and ask for the removal date.
- Call Indiana Legal Services at 1-844-243-8570.
- Move important papers, medicine, pets and valuables first.
- If the buyer offers money to move by a date, see our cash for keys offer page and get the deal in writing.
- Ask the clerk of the court whether the sale left surplus money for you. See Indiana foreclosure surplus funds.
- Read after an Indiana foreclosure sale and our national writ of possession page.
Scam warnings
After a sale, people may offer to undo it for a fee or to collect your surplus for a large share. Indiana law lets the court pay surplus to someone you assign it to, so an assignment can hand over your money. Ask the clerk how much is being held, and talk to legal aid before you sign anything.
The rest of the Indiana process
See how foreclosure works in Indiana, the timeline, ways to stop it and free help in Indiana, or read the national guide to this letter.
Common questions
How long do I have to move after an Indiana sheriff's sale?
State law does not set a fixed number of days. Your right to stay ended at the sale, and the buyer can get a writ of assistance directing the sheriff to deliver possession. Call the sheriff's office to learn the date.
Can an Indiana buyer remove me without a writ of assistance?
Trial Rule 70(A) gives the buyer a way to have the sheriff deliver possession through a writ. If someone tries to force you out without a court order, call legal aid or local law enforcement.
Can I stop an Indiana writ of assistance by paying what I owe?
Not as a legal right. Indiana sales are made without right of redemption. Only the buyer can agree to let you stay or sell the home back.
Other Indiana letters
- Pre-Suit NoticeBefore an Indiana lender can file a foreclosure lawsuit on your primary residence, it must send you a Pre-Suit Notice by certified mail at least 30 days ahead, on a form set by the state housing agency. It says you are in default and points you to free counseling. It is a warning, not a lawsuit.
- Summons and foreclosure complaintThe summons and complaint start the foreclosure lawsuit in your county's circuit or superior court. The summons sets two separate deadlines: a written response within 20 days (23 if you got it by certified mail) and a request for a settlement conference within 30 days after service. Do both if you can.
- Notice of settlement conferenceAfter you ask for a settlement conference, the court issues a notice ordering you and the lender to meet 40 to 60 days later to try to reach a foreclosure prevention agreement. You must send your loss mitigation package to the lender's attorney and the court 30 days before the conference. Missing it can let the lender get judgment.
- Judgment and decree of foreclosureThe judgment and decree of foreclosure is the court's ruling that the lender can have your home sold by the sheriff. It usually includes a personal judgment against you for the debt. The sale process cannot start until 3 months after the complaint was filed, and you can stop the sale by paying the judgment, interest and costs before it.
- Notice of sheriff's saleThe county sheriff serves you with this notice when the first newspaper ad for the sale runs, at least 30 days before the sale. It gives the date, time, place and street address. You can stop the sale by paying the full judgment, interest and costs before it, but there is no right to buy the home back after.