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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 get a stay, you must file an ?Application for Stay of Execution of Writ of Restitution.? Your Application for Stay must be filed with the Clerk's Office in Room 110 before p.m. on the day that you want to see the judge.
A: If the writ of possession has already issued, the only way to delay it is to appeal the judgment of the magistrate court. If the writ of possession has not issued, show up to your eviction hearing and request additional time from the landlord.
There are three ways to appeal: by (1) bond, (2) cash deposit, or (3) a Statement of Inability to Pay Court Costs (Fee Waiver). A bond is a promise to pay the judgment if you lose the appeal. The judge usually sets the amount at one month's rent, but this may vary. You can file a bond with the Justice Court.
The Clerk will sign this Writ. After the Clerk signs this Writ, it must be delivered to the Sheriff to be served upon the Tenant and who, if necessary, will forcibly evict the Tenant after 24 hours from the time of service.
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.
The Emergency Motion must say four things: (1) the reasons you should not be put out by the Sheriff; (2) a request that the Judge to stop the Sheriff from putting you out; (3) a request that the Judge allow you to give you a hearing so you can tell the Judge in person why you should not be put out, and to present any ...
The Emergency Motion must say four things: (1) the reasons you should not be put out by the Sheriff; (2) a request that the Judge to stop the Sheriff from putting you out; (3) a request that the Judge allow you to give you a hearing so you can tell the Judge in person why you should not be put out, and to present any ...