Complaint for Ejectment

Complaint

In the Court of (County),

PLAINTIFF

V. CAUSE NO. -

DEFENDANT

COMPLAINT

COMES NOW , Plaintiff in the above-styled and numbered cause, by and through his attorneys, and files this his Complaint against Defendant, , and in support thereof would show unto the Court the following matters and facts:

1. Plaintiff resides at of

2. Defendant resides at
and may be served with process at said address.

3. By virtue of a deed, executed by and delivered to Plaintiff at an auction sale held in accordance with a as alleged below, Plaintiff is the owner, and entitled to possession, of real property known as
(hereinafter referred to as Premises) and more particularly described as follows:

4. On (date), a judgment was duly entered in the Judgment Book , Volume No. , at page of the above-entitled court, in action number , entitled , in favor of this Plaintiff against the Defendant in this action.

5. On (date), the clerk of the above-entitled court issued a writ of sale pursuant to , directed to the Sheriff, or to any Marshall or Constable of .

6. On (date), the Sheriff of duly and properly levied the writ of execution on all the judgment debtor's right, title, interest, and claim in or to the Premises.

7. At the time the writ was levied and the Premises sold, the judgment debtor was the sole owner of record of a fee simple estate in and to the Premises.

8. Thereafter, the Sheriff gave notice in the manner and form required by that the judgment debtor's fee simple estate would be sold on execution at public auction on , at , at .

9. At the time and place specified, the Sheriff conducted the auction and duly sold the judgment debtor's fee simple estate to the Premises to Plaintiff, who was the highest bidder.

10. In accordance with the sale, the Sheriff executed and delivered to Plaintiff a deed of sale in accordance with , and caused a duplicate to be recorded on , in Book , at Page of the official records in the office of the of . A copy of the deed of sale is attached as Exhibit A and incorporated herein by reference.

11. At the time the deed of sale was delivered to Plaintiff, Defendant was in possession of the Premises and remained in possession after delivery of the deed to Plaintiff.

12. On (date), Plaintiff caused to be served on Defendant a written notice stating that Plaintiff had purchased the Premises and that Plaintiff's title had been duly perfected and demanding that Defendant quit the Premises within days after service of the notice. A copy of the notice is attached as Exhibit B, and incorporated herein by reference.

13. The period expired on , and since that date Plaintiff has been and is entitled to immediate possession of the Premises.

14. Defendant has failed and refused to deliver up possession within the period or since and continues in possession of the Premises without Plaintiff's permission or consent.

15. The reasonable rental value of the Premises is $ per day, and the damages to Plaintiff proximately caused by Defendant's unlawful detention have accrued at that rate since (date after which notice expired), and will continue to accrue at that rate so long as Defendant remains in possession of the Premises.

WHEREFORE, Plaintiff requests that:

1. Judgment be granted against Defendant awarding possession of the Premises to Plaintiff;

2. A warrant be immediately issued to remove Defendant from possession of the Premises;

3. Plaintiff be rewarded all costs of this proceeding;

4. Plaintiff be rewarded rent of $ per day for each day Defendant has unlawfully remained on Premises.

5. Plaintiff be awarded a reasonable attorney fee; and

6. Plaintiff be awarded such other relief as the Court deems proper.

Respectfully submitted,

OF COUNSEL:

Post Office Box -

City, State, Zip Code

Telephone: - -