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Senate orders third reading of bill to let any county sheriff serve writs of possession
Summary
H.21 would remove a 1979 limitation requiring that writs of possession be served only by the sheriff of the county where the property is located; the Judiciary Committee recommended the bill and the Senate ordered third reading.
The Vermont Senate ordered third reading of H.21, a bill amending how writs of possession in ejectment proceedings may be served.
Senator Norris of Franklin, reporting for the Senate Judiciary Committee, said the bill addresses an “unusual limitation” in the ejectment statutes that has required the sheriff of the county where the property is located to serve a writ of possession. The bill would permit sheriffs from any county to serve writs of possession, making that service consistent with sheriffs’ general statewide authority to serve court process under the Vermont Statutes Annotated, as described in the committee report.
Norris said the limitation dates to 1979 and committee research did not produce a clear reason for the restriction. The committee reported the bill favorably and the Senate ordered third reading after a voice vote.
The Judiciary Committee heard from Mark Anderson, president of the Vermont Sheriffs Association, Representative Karen Dolan (sponsor), and Eric Fitzpatrick of the Office of Legislative Counsel. Section 2 of the bill specifies that the act takes effect on passage.
