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The writ of possession shall direct the proper officer to take the property out of the possession of the defendant and deliver the same to the plaintiff. The writ of possession shall be executed by the proper officer by seizing the personal property and delivering the same to the plaintiff.
Writ of Restitution This writ is issued after the plaintiff receives judgment on a detainer warrant. When the writ is issued, it is the plaintiff's responsibility to contact the Warrants Division to coordinate the eviction details.
The writ of possession shall direct the proper officer to take the property out of the possession of the defendant and deliver the same to the plaintiff. The writ of possession shall be executed by the proper officer by seizing the personal property and delivering the same to the plaintiff.
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.
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 ...
A detainer warrant is similar to a summons in that it directs the tenant to appear in court at a specific time and date. Should the tenant fail to appear in court, a default judgment will be entered against him.
A stay puts a judgment on hold. You cannot be evicted while you have a stay. 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.
Writs of restitution are commonly known as evictions; they are another kind of process that brings with it significant and inherent risks to officer and public safety during execution. They are also among the very few civil orders that mandate use of force, where necessary, to achieve service. T.C.A. § 29-18-127.