Permanent Injunction By Tenant Against Landlord In Harris
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FAQ
After a Texas writ of possession is delivered, the earliest a constable can actually come back and move the tenant out is 24 hours. Among other things, this gives the tenant one last chance to get out of the property.
If the landlord simply doesn't show up AND doesn't send a representative, then unless he has made arrangements with the court due to some extreme issue (such as being hospitalized) the case is normally dismissed. In an extreme circumstance, the case might be rescheduled.
Yes. You should file a Motion to set aside default judgement. Once you do that you will have to address the underlying lawsuit. You will probably end up negotiating a settlement with the creditor.
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.
If an attorney is representing the tenant, the attorney must electronically file the counterclaim. A counterclaim must include the same case name and case number as the landlord's case. At the bottom the counterclaim should state how and when the counterclaim is being “served” on the landlord.
