Rule 9 Issuance of Writ of Repossession
Rule Text
(a) A writ of repossession shall not issue until 10 days after a judgment for repossession.
(b) If TCRSR 8(b) is applicable, a writ of restitution shall not issue if a tenant pays the amount due under a tenancy within 10 days following a judgment for repossession.
(c) If the defendant in a repossession action files a motion for new trial and a subsequent notice of appeal, the court may mandate the defendant file a satisfactory bond to stay proceedings. If either a motion for new trial or a notice of appeal is filed, a writ shall not issue until the final disposition of the appeal, or motion for new trial should the defendant not seek an appeal.
(d) Should judgment of restitution render, the writ shall be in the following form: [CAPTION] TO: THE MARSHAL OF THE HIGH COURT OR ANY POLICE OFFICER A judgment in favor of Plaintiff and against Defendant in a summary eviction action was entered on __________[date] for restitution of the following premises: ___________________________________________________________ ___________________________________________________________ _________________[description of the property in metes and bounds, if possible, or with enough clarity to effectuate] It is ordered that within 10 days after you receive this writ, you remove or supervise removal of the Defendant and all other person found upon the premises claiming under the Defendant and restore unto Plaintiff full possession of the premises. It is so ordered. Dated:___________________ HISTORY: Effective June 1, 2012 Legal Resources Get In Touch! Post Office Box 23 Pago Pago , American Samoa 96799 About Us Welcome to the American Samoa Bar Association. We are the licensing body and the official bar association for all of those who practice law in American Samoa. The American Samoa Bar Association serves to promote justice, the rule of law, and the interests of the legal system. We do this through public education, legislative review, promoting the judiciary, and advocating the rule of law. We also offer a legal scholarship to a student that shows exemplary academics and a desire to promote the rule of law in American Samoa.