Motion To Stay Writ Of Execution For Alias
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FAQ
Upon receiving a Writ, the Tenant should file a Motion to Stay. While it is not always granted, it is their last chance to stop the Eviction. ingly, if a Tenant can show they paid the Landlord the full amount, the Court may stay the Writ of Possession.
Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to ?stay? or ?stop? the sheriff from executing the Writ of Possession and removing the resident. It can be a typed or handwritten document filed by the resident or the resident's attorney if one is retained.
The most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it. The sheriff will often back off if the parties are working to resolve the judgment. We have plenty of experience in settling judgments. Another sure fire way to stop a writ of execution is to file for Bankruptcy.
How to file a Motion to stay a writ of possession in Texas? File the Motion with the Clerk of the County Court at the Court where the case was filed. You must also hand-deliver a copy of the Motion to the Judge assigned to your case.
The creditor's attorney or the creditor (if the creditor doesn't have an attorney) must sign and date the instructions. The Sheriff will serve a 5-Day Notice to Vacate within three business days after receipt of the writ.