San Antonio, TX asked in Appeals / Appellate Law for Texas

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.

Related Topics:
1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Appeals & Appellate Lawyer
  • Frisco, TX
  • Licensed in Texas

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.