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Stop Eviction Houston | Eviction Shield
Number Precincts enforcing eviction - 8
Number of Places in each precinct - 2
How precincts are ordered:
1-1 2-1 3-1 4-1 5-1 6-1 7-1 8-1
1-2 2-2 3-2 4-2 5-2 6-2 7-2 8-2 Your case will be heard in one of these courts
Advance Notice to Vacate prior to filing - 3-day notice required prior to filing.
Advance Notice to Vacate prior to filing if on month to month - 30-day notice
Citation to appear in court served by Constable
Number of times Constable will try to serve you if you are not present: Usually 2-3
Next step, if Constable cannot find you or anyone at your property to serve you: Constable will request Alternative Service Rule from the JP Court Judge. This means the Constable can leave the notice on your property or mail it to you.
Minimum number of days between you getting served and court date: usually 5-10 days
Justice of the Peace court appearance
What happens if you don't go to the court hearing: Default Judgment
Does a default judgment mean I have to move out: No
How many days will the judge give me to move out: 5
What happens if I do go to court and present my side of the case: Most likely you will lose.
What is the difference between a default judgment and a regular judgment? Nothing, it just means you were not present at the hearing.
What is the next step in the process? File an appeal - pay rent to the court
Are there other options available: Yes, call our office for assistance 281-397-3703.
What happens after my appeal?: The case will get moved to County Court.
Can the landlord challenge my appeal?: Yes, the landlord has 5 days to challenge.
What happens if the landlord challenges my appeal? You will have another hearing.
Once the case moves to County Court do I have to pay rent? Yes 5-7 days after you file your appeal you will have to pay rent
Do I have to pay any back rent and late fees? No, only 1 months rent is paid to the court
What happens if I don't pay the rent to the court on time? Writ of Possession is issued.
Okay, I pay the rent on time to the court. Now what?: Case moves to County Court.
How much time do I after case moves to County Court? Usually between 21-45 days.
Do I have to do anything after case moves to County Court? You must file an answer.
What is an answer: Call our office for assistance 281-397-3703.
Okay, I filed the answer and got my County Court date. Now what?: Just wait.
What will happen at the County Court hearing? Your landlord will restate his/her case.
Can I win? It is unlikely most cases end with the Judge giving you 10 days to vacate.
Can I appeal my case to a higher court? Yes, if you have 10x the rent to pay as bond.
This is an only an overview of the Eviction Process in Harris County. If you are in one of the surrounding counties you will find very little variation. You can call our office for details on surrounding counties like eviction in Fort Bend County, eviction in Galveston County, eviction in Montgomery County, and eviction in Brazoria County. The Eviction Defense number is 281-397-3703.
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