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Under Texas law, there is a waiting period of at least 60 days—counted beginning the day after the Petition is filed—before a divorce can be finalized. A divorce can take longer than 60 days, but it cannot be finalized in fewer than 60 days unless one of two exceptions involving family violence applies.
The only thing you can do at this point is file a Motion to Stay Execution of Writ of Possession. This motion will put the execution of the eviction order on hold for up to 10 days.
The Writ of Possession allows for the possession of the property, after a deputy has posted written notice notifying the tenant a writ has been issued. By law, we are required to give a minimum of 24 hours notice before enforcing the writ.
24 Hours after the Writ is posted (even if no one is home), the landlord is entitled to receive possession of the property. The constable will arrive to see that the landlord takes possession and to remove the tenants if they continue to remain on the property.
The Writ of Possession allows for the possession of the property, after a deputy has posted written notice notifying the tenant a writ has been issued. By law, we are required to give a minimum of 24 hours notice before enforcing the writ.
To file a motion in Texas, draft the motion, ensure it complies with Texas court rules, file it with the appropriate court, and serve a copy to the opposing party.
A writ of garnishment allows a creditor to seize property from a debtor that is being held by a third party. While some property is exempt from garnishment in Texas, such as wages, other property such as bank accounts and stocks may be subject to garnishment.
To file an eviction, please contact a Justice of the Peace office. The Justice of the Peace hours of operation are Monday through Friday from am to pm. Evictions must be filed in the precinct of the occupied property. Confirm Precinct location here.
Under Texas law, there is a waiting period of at least 60 days—counted beginning the day after the Petition is filed—before a divorce can be finalized. A divorce can take longer than 60 days, but it cannot be finalized in fewer than 60 days unless one of two exceptions involving family violence applies.