DFW REI Club

 Dallas/Fort Worth Real Estate Investor Club

Writ of possession

  • 10 Apr 2019 2:47 PM
    Message # 7276648

    Here is a great topic to debate.  How long after the eviction judgement can you file a Writ of possession? I have been told 10 different things from 60 days, 90 days even 6 months.  The internet even says its possible to keep renewing it indefinitely.  The courts told me today that I could file it and see if the judge would sign it.  Its like nobody knows for sure.

    Thanks for the help  

  • 11 Apr 2019 8:23 AM
    Reply # 7277605 on 7276648

    Section 24.0061 of the Property Code - 6 days after judgement for possession.  If the Judge ruled in your favor and granted possession of the premises you can file a writ on the 6th day after the eviction hearing.

    Bill

  • 11 Apr 2019 8:53 AM
    Reply # 7277665 on 7276648

    Bill is correct for the earliest time, what about the opposite end? How long do you have to file for Writ of Possession before the eviction judgment expires and you have to file for eviction again?  This might come up if you are trying to work things out with the tenant.

    I tried to research this topic before.  I did not come up with a positive answer, but some resources suggested 30 days.

    Thanks,
      Neil Aggarwal
      Property Financing, LLC

    Last modified: 11 Apr 2019 8:54 AM | Neil Aggarwal
  • 15 Apr 2019 7:56 PM
    Reply # 7284274 on 7276648

    You can file write of possession  after the days mentioned in the judgment , provided the tenant did not appeal in between .

  • 16 Apr 2019 9:33 AM
    Reply # 7285035 on 7276648

    Thanks for all the info it seems that this is one of those grey areas. I going to try and file and see if the courts will do it.  The eviction was actually done in November.

  • 16 Apr 2019 10:50 AM
    Reply # 7285206 on 7276648

    As per one of the JP court I worked, writ possession should be done with in the next billing cycle.

  • 17 Apr 2019 5:55 PM
    Reply # 7291469 on 7276648

    You mean you had a tenant that actually has something to repossess? Lucky you.

  • 18 Apr 2019 5:15 PM
    Reply # 7293338 on 7291469
    JANA M. wrote:

    You mean you had a tenant that actually has something to repossess? Lucky you.

    Ummm... The house?

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