Writ Petition Examples In Dallas
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FAQ
To be entitled to mandamus relief in a criminal case, the relator must show that there is no adequate remedy at law and that what the relator seeks to compel is a ministerial act. In re State ex rel. Weeks, 391 S.W. 3d 117, 122 (Tex.
Writ of Possession: in Texas, an order issued by the court once the court has granted possession to the landlord. The justice court cannot issue a writ of possession before the sixth day after it has issued a judgment for possession to the landlord.
(b) An application for writ of habeas corpus filed after final conviction in a felony case, other than a case in which the death penalty is imposed, must be filed with the clerk of the court in which the conviction being challenged was obtained, and the clerk shall assign the application to that court.
Your petition should not exceed 4,500 words if generated electronically or fifteen pages if hand written. You must include the sections marked with an asterisk above as part of the allowed word/page count. The other sections do not count towards the word/page limit.
File a Motion to Quash: If there are procedural errors in issuing or serving the writ, such as improper notice, the debtor can file a motion to quash, requesting the court to cancel or halt the writ.
Another way a creditor may try to collect their judgment is through a writ of execution. A writ of execution allow the debtor's non-exempt property to be seized and sold. The proceeds from the sale go to the debt owed to the creditor.
A writ of execution allow the debtor's non-exempt property to be seized and sold. The proceeds from the sale go to the debt owed to the creditor. Some of the Texas justice courts have a form to request a writ of execution available on their website.
In California, a judgment creditor can request a writ of execution from the court that entered the initial judgment. This compelling document empowers law enforcement officers to seize assets.
Unlike an appeal, the Writ doesn't have to be reviewed but is based on the court judges' discretion in relation to the applicable law but a Writ is treated as an urgent or emergency proceeding and therefore takes precedence over other pending matters in most cases.
