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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.
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.
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.
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.
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.