The Eviction Process in Texas
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The Eviction Process in Texas is set by law and protects homeowners and tenants from being evicted from their homes prematurely. Through the Texas eviction process you will ultimately be put out if you don't pay your rent. But you do have Tenant Rights during the eviction process. The eviction process includes having your day in court. If you stay in your property and do not pay rent you are committing a FORCIBLE ENTRY AND DETAINER. Once you commit this offense the Landlord must take certain steps to put you out by using the courts in the eviction process.
Step 1. The three (3) day notice. This is exactly what it sounds like. The Landlord must give you written notice to vacate. The format and delivery is covered in full in the Texas Property Code TITLE 4. ACTIONS AND REMEDIES CHAPTER 24. FORCIBLE ENTRY AND DETAINER At EvictionShield.com we can help you understand what you should say to your landlord at this point.
Step 2. Filing an eviction lawsuit. Your Landlord must next go down to the local Precinct in your area and file an Eviction Lawsuit to have your removed. The Court will assign a date for a hearing and a case/cause#. Once your case is filed with the Court you start receiving cards and letters from EvictionShield.com and other attorneys. The Court will set the date not less than seven (7) days after you are served the lawsuit papers and not more than ten (10) days after you are served. Although some JP Courts may vary on this rule and set dates as they are available.
Step 3. The Constable serves you the lawsuit. Your local Constable will come to your door and try to serve you. If you hide or do not answer, he/she will come back one or two more times to serve you. If they are unable to serve you personally, they can go back to the precinct and have the Judge sign an "Alternative Rule of Service". You should contact EvictionShield to assist you with any Citation you receive. Our number is (972) 776-6646.
Step 4. The JP Court Hearing. Your hearing will be held with about 50 other people at your local Justice of the Peace Court. The 50 other people may be an exageration, however you will not be the only person with a hearing at the same time and place. The Judge will give you very little time to state your case. In some cases he may not let you speak at all. This is why you should have someone like EvictionShield on your side. We can help you handle this situation and show you how EvictionShield.com can get you up to 90 more days in your home or apartment.
Step 5. The JP Court Judgement. The Judge will most likely rule against you. If you have not already contacted EvictionShield at this point, you need to take action and call us at (800) 349-1491. The Judge will give you exactly five (5) days to vacate the premises. In most courts there will be a whiteboard in the front that will tell you the date that a "Writ of Possession" will be signed by the Judge. Failure to move out by this date means that the Constable will be visiting you again. This time to either put your things out on the lawn in front of your house or in some Counties they will come with a moving truck to move your stuff to a storage company. The locks will be changed and you will not be allowed back in.
There is no reason to have to suffer thru these steps. EvictionShield can handle all of the above eviction process. You can rest assured that we will handle every detail so you don't have to. Call us today at (972) 776-6646.