Get TX Landlords Sworn Motion For Writ Of Possession & Notice Of Hearing - Travis County 2023-2024

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.

A Writ of Possession can be obtained six days after you lose your eviction hearing in court. Once your landlord gets a Writ of Possession, they can begin the final steps to evict you. Soon after the landlord gets the Writ of Possession, you will get a 24-hour notice to vacate.

Posted to the exterior of the front door of the rental unit. Time for execution: Writ issued while the case is pending: writ executed at least 7 days after the date the tenant is served with notice. (immediate possession) Writ issued after final judgment: writ executed at least 24 hours after the warning is posted.

Once issued, the writ of execution directs the sheriff to seize the non-exempt property and sell it. The proceeds of the sale are given to the creditor to satisfy all or part of the judgment.

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.

A Writ of Possession can be obtained six days after you lose your eviction hearing in court. Once your landlord gets a Writ of Possession, they can begin the final steps to evict you. Soon after the landlord gets the Writ of Possession, you will get a 24-hour notice to vacate.

The writ is then passed on to the constable's office and the constable will physically deliver a copy to the tenant at the location of your property. If the tenant is not there, the constable will leave a copy of the writ of possession at the property, usually by affixing it to the outside of the front door.

Move out process The sheriff/constable posts the Writ of Possession on the property. This informs the tenant that they have 24 hours to vacate the premises with their belongings. Once the 24 hours are up, the sheriff/constable is allowed to remove the tenant by force. If the tenant refuses, they will be arrested.