Ward 1 Constable, Calcasieu Parish, Louisiana

Serving Moss Bluff, Gillis, Birdnest and Topsy

 

1. The judgment will give the Tenant 24 hours to deliver possession. Depending on
the schedule of the Constable’s office, he will try to accommodate Landlord as
quickly as possible. However, there are many things the Landlord can do to help.

2. Post another Notice (provided by the Constable) that notifies Tenant a Judgment has bee rendered, and that the Constable will be there the next day to execute the Writ of Possession. It doesn’t mean that the Constable will be there at the unit in exactly 24 hours. In fact, he will not show up unless you and he have made a specific appointment. You should check the unit sometime after the hearing to ascertain whether the Tenant is still in the unit, then call the Constable to discuss when an appointment will be available.

3. If the premises have personal possessions, and there are no signs of an attempted move and the Tenant did not show up at court, my instructions to the Constable are to “slow down”. It is neither “normal” nor reasonable for people to allow their personal effects to be put out on the street. Therefore, the Constable will probably require the Landlord to give names of relatives, employment or work numbers, etc. in an attempt to locate the Tenant. These efforts are done in as much of an effort to err on the side of caution and help the Tenant as they are to protect the Landlord from future litigation. Therefore, Please be cooperative and know that the Constable is merely trying to assure the Tenant has had adequate notice, and is not lying in the hospital in a coma completely unaware of what is happening.

4. Have sufficient manpower available to execute the Writ of Possession in one hour. Very often the Constable must wait on moving personnel, which in turn impacts his ability to serve pleadings and execute writs of possession at other locations. Accepting funds from the Tenant after the Constable arrives is acceptable, but we ask that every effort be made to obtain payment prior to scheduling the Constable for a “put out”.

5. At least 2 people are needed to execute the Writ of Possession or do the “put out”. The Constable would like to see 2 movers for a one bedroom apartment, and the one additional mover for each additional bedroom. Remember, if the Constable has to spend a lot of time doing “put outs”, he can’t serve the Petitions of Evictions, which in turn means the court dates for evictions cannot be set as quickly. We appreciate everyone’s cooperation in this regard.

6. Sometimes the Constable will allow tenants to move themselves, and sign over possession to the Landlord for a certain time. Often this means the Landlord can change the locks at the appointed time and treat any items left in the apartment as abandoned. If the tenant then tries to re-enter the unit, then the Landlord may contact the Sheriff, for they will be trespassing.

7. The Constable cannot “ban” a former Tenant from a property. As long as the former Tenant is the guest or invitee of another Tenant, then he is considered a visitor like anyone else. If the former Tenant is not a guest or invitee, then the Landlord can call the Sheriff to report him as loitering or trespassing.

 

Put Out Procedure by Judge Steven Sanders, Baton Rouge, LA