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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 you have won your suit in Court, and the mandatory five day appeal period has passed, and the other party is still in the premises; you can file a Writ of Possession in Court. A Writ of Possession is a Court order to the Constable to place you in possession of the property.
3. Timeline Notice Received by TenantsAverage TimelineInitial Notice Period3-30 daysIssuance and Posting of Summons and Complaint4-15 daysCourt Ruling on the Eviction and Posting of Writ of Possession10-21 daysReturn of Possessionwithin 24 hours 11-Sept-2023
In Harris County, the court does not give you a writ. Rather the court provides you an Authorization for Writ. The landlord must then take that Authorization to the Clerk of Courts and pay a fee in order to acquire the real writ.
To acquire a Texas writ of possession that will lawfully enable you to reclaim your property after your evicted tenant's grace period is over, you must go to the county clerk's office and pay a fee to have the writ issued.