Robstown, TX asked in Bankruptcy and Foreclosure for Texas

Q: I need to know how to stop a writ of possession that hasn't been served

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2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: A writ of possession may be stayed by timely appealing the case to the county court or by filing a supersedeas bond within ten days from the date of judgment in the county court.

Once a judgment for eviction has been granted, even filing bankruptcy will not stop a writ of possession from being executed.

Timothy Denison agrees with this answer

James L. Arrasmith
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: If you're facing a writ of possession that hasn't yet been served, it's crucial to act quickly. First, you should review the details of the eviction notice or court decision leading to the writ. Understanding the basis of the action can help you identify any possible errors or grounds for contesting it.

Contacting an attorney for advice is a wise step. They can guide you through the process of filing a motion to stay or delay the writ, based on your specific circumstances. This motion can temporarily halt the enforcement of the writ while your case is reviewed or while you make necessary arrangements.

Additionally, you might consider negotiating with the landlord or filing a declaration of hardship if applicable, especially under special regulations like those implemented during emergencies. Communication with the other party can sometimes lead to an amicable solution without further court involvement. Remember, time is of the essence, so it's important to explore these options promptly.

Timothy Denison agrees with this answer

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