Got a Detainer Warrant?
Your Step-by-Step Guide for Memphis & Shelby County
Before Court
Verify your date & prepare
Day of Court
Arrive early & stay
During Court
Know what to say
After Court
Understand your options
🚨 RED FLAGS - Illegal Landlord Actions
❌ Changes the locks
Even if you're behind on rent, your landlord CANNOT lock you out without a court order and sheriff.
❌ Shuts off utilities
It's illegal to cut off water, electricity, or gas to force you out - even if you haven't paid rent.
❌ Removes your belongings
Only the sheriff can remove your items, and only after a court order.
Tell the sheriff: "My landlord is attempting an illegal eviction without following the court process."
📅 Before Your Court Date
Step 1: Find Your Court Date
Look at your detainer warrant for the date and time. Even if it looks wrong, go on that date!
Double-check by calling:
- Main Courthouse Phone Number: (901) 222-3400
- Additional Phone Number: (901) XXX-XXXX
Scan to verify online
Step 2: Know Your Rights
✅ You can ask for one more week. It's the law.
✅ Going to court doesn't mean you have to move.
✅ Paying your landlord doesn't cancel court. You still need to show up.
⏰ Eviction Timeline - Know Your Deadlines
Detainer Warrant Served
At least 6 days until court
(Date is on the warrant)
Court Hearing
If you lose:
10 days to move out
Day 11
Sheriff can evict
You & belongings removed
🏛️ Day of Court
Getting There
📍 Where: Shelby County Courthouse, 140 Adams Ave, Memphis
🚗 Parking: Paid Parking at Calvary Church across the street
⏰ Arrive: 30 minutes before your time
Dress Code
✅ DO Wear
- Nice clothes
- Closed-toe shoes
- Long pants or skirt
- Shirt with sleeves
❌ DON'T Wear
- Tank tops, crop tops
- Shorts, yoga pants
- Ripped jeans
- Hats, bonnets
- Sandals, slippers
Need Witnesses?
If you need someone to testify for you:
- Ask the court clerk about getting a subpoena
- Small fee required (usually under $10)
- This legally requires the person to come to court
⚖️ Talking to the Judge
The judge will ask: "Do you agree with the amount your landlord says you owe?"
If You DISAGREE (or need more time)
Say: "I disagree, Your Honor. I request a one-week continuance."
What happens: You'll get a new court date in about a week to:
- Find a lawyer
- Gather proof of payments
- Work out a deal with your landlord
You MUST come back for the new date!
If You AGREE
Say: "I agree with the amount owed."
What happens: The judge will rule for your landlord. You'll have 10 days before you can be forced to move.
📋 After Court
If You Lost Your Case
Day 1-10: Judgment is pending. You can:
- Make a deal with your landlord (GET IT IN WRITING!)
- File for payment plan at the Clerk's office
- Start moving out
After Day 10: Your landlord can get a "writ of possession"
🏠 Security Deposit & Move-Out
Normal Wear vs. Damage You Pay For
✅ Normal Wear (You DON'T pay)
- Faded or worn paint
- Worn carpet from regular use
- Loose faucets
- Small nail holes
- Sun-faded curtains
❌ Damage (You DO pay)
- Holes in walls
- Broken windows
- Burns in carpet
- Doors pulled off hinges
- Missing fixtures
Walk-Through Inspection
You have 5 days after moving out to do a walk-through with your landlord:
- Make a list of any damage together
- Take pictures of everything
- Get agreement in writing about what you owe
- If you don't show up, landlord decides alone
Getting Your Deposit Back
Send written request immediately after moving:
- Include your new address
- Date the letter
- Keep a copy
- Request return of deposit in writing
If landlord wrongly keeps it, you can sue in court.
❓ Frequently Asked Questions
Will the judge dismiss the case if I leave my home or pay my landlord before court?
No. Your court case will still happen. Your landlord can still move forward with eviction even if you move out or pay them. That's why it's critical to attend all scheduled court dates no matter what.
Can I just move out and forget about the whole thing?
No. Even if you leave, your landlord can still collect money through:
- Garnishment of your wages
- Taking money from your bank account
- Damaging your credit report
What to do instead: File a "Motion to Make Installment Payments" at the Court Clerk's Office. This stops collection activities and lets you pay over time.
Can I avoid eviction even after a judgment against me?
Maybe. You might be able to work out a payment arrangement with your landlord even after losing in court.
What if my landlord says they'll "handle it" or dismiss the case?
Still go to court! Many tenants lose their homes because:
- Landlords forget to tell their lawyer
- Lawyers don't get the message in time
- Miscommunication happens
- Landlords change their mind
Only YOU can protect yourself by showing up.
What does a judgment mean?
A judgment can require you to:
- Pay money - The amount you owe
- Leave your home - Give possession back to landlord
Timeline: Judgment becomes final after 10 days (including weekends). After that, your landlord can legally remove you and your belongings.
What is a "writ of possession"?
A writ of possession is the final eviction paper. It allows the sheriff to:
- Come to your home with the landlord's moving crew
- Supervise while your belongings are moved to the curb
- Change the locks
Your belongings: Must stay on the curb for 2 days so you can collect them. After 2 days, they can be thrown away.
No statute of limitations: Your landlord can obtain and execute a writ at ANY time after the judgment becomes final - even months or years later!
Can my landlord lock me out or shut off utilities?
NO! It's illegal for your landlord to:
- Change the locks - even if you're behind on rent
- Remove your belongings without the sheriff
- Shut off water, electricity, or gas to force you out
If this happens: Call the sheriff immediately and explain your landlord is attempting an illegal eviction. Only the sheriff can remove you after a court order.
How long do money judgments last?
A money judgment against you is valid for 10 years and can be renewed before it expires. This means:
- Your wages can be garnished
- Money can be taken from your bank account
- The judgment appears on your credit report
Even if you can't pay now, the creditor may renew the judgment hoping your financial situation improves in the future.
What happens if I'm not home when served?
After 3 attempts to serve you, the detainer warrant can be posted on your door. This still counts as being served! You must go to court on the date shown, even if it was only taped to your door.
Can I appeal if I lose?
Yes, but you must act fast:
- You have 10 days to file an appeal or Motion to Set Aside
- Must be filed BEFORE the judgment becomes final
- Contact legal aid immediately - delays can cost you this option
- An appeal probably won't stop the eviction
What if I can't afford court costs?
You can file a "Motion to Make Installment Payments" with the Court Clerk. This allows you to:
- Pay what you owe in installments
- Stop wage garnishment
- Prevent bank account seizure
The Court Clerk can help you fill out this form if you're representing yourself.
📞 Get Help
Room 134 - Courthouse
Free information & resources
Mon-Thu: 10am-2pm
Emergency Help
Call 211
United Way Helpline
Legal Aid
Memphis Area Legal Services
(901) 523-8822