Q: How do I fight a writ of possession even though my appeal was granted and I haven't been before I am able to appeal.
The landlord LLC filed as the Plaintiff, which is illegal, They misrepresented the agent for the LLC and lied in court, they also didn't give me a 7day notice before receiving the 3day notice to vacate.
A:
See Rule 510.8(d)(3) and 510.13 of the Texas Rules of Civil Procedure. Ordinarily, a writ of possession will not be issued if you timely perfected your appeal and have timely paid rent into the registry of the court. If a writ has been issued, you can stay execution of the writ if it was improperly issued.
Note that a statement of inability to afford payment of court costs does not excuse payment of rent into the county court registry during the appeal. Rule 510.09(c)(5)(B)(ii). It only excuses the initial payment of the court filing fee for the appeal.
I further note a landlord that is an LLC is a proper plaintiff in an eviction lawsuit. As for other alleged misrepresentations, an appeal to the county court is de novo, so you should be prepared to impeach any such testimony should it come up again in the county court and to demonstrate to the county court why it is material to the eviction proceeding. Unrelated misrepresentations and deliberate lies may impact the credibility of a witness but, in most eviction cases, credibility is not determinative. Most eviction cases are for non-payment of rent so the key material evidence is proof of TIMELY payment of rent, usually proven by a cancelled check, receipt, or credit card statement.
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