Free Texas Request for Writ of Possession | Fillable PDF Form

✅ Texas Request for Writ of Possession

Post-Judgment Order for Tenant Removal – Justice Court

🚨 CRITICAL – Must Wait 5 Days After Judgment

Cannot request writ until 5-day appeal period expires:

  • Win judgment first: Must have final judgment from court in your favor
  • Wait 5 days: Tenant has 5 days to appeal after judgment
  • Cannot request early: Requesting writ before 5 days = denied
  • Count carefully: Start counting day after judgment (judgment day doesn’t count)
  • If appeal filed: Must wait until appeal resolved

⚠️ What Happens After Writ Issued

Constable enforces writ – not landlord:

  • Court issues writ: Judge signs order for constable
  • Constable schedules: Usually within 2-5 days
  • 24-hour notice: Constable posts notice 24 hours before removal
  • Constable removes tenant: Physically removes tenant and belongings
  • Landlord gets keys: Constable gives landlord possession
  • Landlord cannot remove: Only constable can physically remove tenant

📋 Timeline Summary

  1. Day 0: Court hearing – you win judgment
  2. Days 1-5: 5-day appeal period
  3. Day 6: Earliest you can request writ
  4. Day 6-7: Submit request to court, judge signs
  5. Day 8-12: Constable schedules removal
  6. Day 13: Constable posts 24-hour notice
  7. Day 14: Constable removes tenant, you get possession

📝 Writ Request Information

Case Parties

Judgment Information

Date court ruled in your favor

Calculated Earliest Writ Request Date:

Unpaid rent/damages awarded (if any)

Filing fees and court costs

Verification

Constable Information

Constable who will enforce writ

Any information to help constable plan removal

📚 Complete Guide to Writ of Possession

Legal Authority: Texas Property Code § 24.0061 governs writs of possession in eviction cases. After landlord wins judgment for possession, must wait 5 days before requesting writ (tenant’s appeal period). If no appeal filed, court issues writ directing constable to remove tenant. Constable must give tenant 24 hours notice before removing tenant and possessions. Landlord cannot remove tenant – only constable can enforce writ. Requesting writ before 5-day period = denied. Appeal suspends writ until appeal resolved.

What Is a Writ of Possession?

Court order for physical removal:

  • Final step: Last stage of eviction process
  • Court order: Judge’s directive to constable
  • Constable enforces: Law enforcement removes tenant
  • Transfers possession: Landlord gets property back
  • Legal authority: Gives constable power to remove tenant

When Can You Request Writ?

Three requirements must be met:

  1. Final judgment: Court ruled in your favor at hearing
  2. 5 days passed: At least 5 days since judgment (tenant’s appeal period)
  3. No pending appeal: Tenant either didn’t appeal OR appeal was resolved in your favor

The 5-Day Appeal Period

⏱️ How to Count 5 Days

Day of judgment doesn’t count – start counting next day:

  • Example 1: Judgment on Monday → Tuesday is Day 1 → Saturday is Day 5 → Can request writ on Sunday (Day 6)
  • Example 2: Judgment on Friday → Monday is Day 1 → Friday is Day 5 → Can request writ on Saturday (Day 6)
  • Weekends count: Saturday and Sunday count as days
  • Holidays count: All days count, including holidays
  • Must be full days: Don’t count hours – full calendar days only

What If Tenant Appeals?

Appeal suspends enforcement:

🚫 Cannot Get Writ During Pending Appeal

  • Appeal filed: Tenant has 5 days to appeal to County Court
  • Stays enforcement: Cannot request writ while appeal pending
  • Appeal bond: Tenant may have to post bond to appeal
  • County Court decides: Case goes to County Court at Law
  • If you win appeal: Then can request writ from Justice Court
  • If tenant wins appeal: Case goes back to Justice Court for new trial

How to Request Writ

Steps to request writ of possession:

  1. Wait 5 days: Count from day after judgment
  2. Verify no appeal: Check with court clerk that no appeal filed
  3. Complete request form: Fill out writ request
  4. Submit to court: File with same Justice Court that issued judgment
  5. Judge signs: Judge reviews and signs writ
  6. Sent to constable: Court sends writ to constable’s office
  7. Constable schedules: Constable contacts you to schedule removal

Constable Removal Process

How constable enforces writ:

  1. Constable receives writ: From Justice Court
  2. Contacts landlord: Schedules date/time for removal
  3. 24-hour notice: Posts notice on property 24 hours before removal
  4. Removal day: Constable arrives at scheduled time
  5. Removes tenant: Physically removes tenant and all belongings
  6. Places belongings: Usually outside on curb or in storage
  7. Gives landlord possession: Landlord gets keys/control
  8. Files return: Constable files proof of service with court

What Landlord Should Do

Preparation for removal day:

✅ Landlord Removal Day Checklist

  • Be present: Or have representative there
  • Bring locksmith: To change locks after constable gives possession
  • Have utilities ready: Be prepared to have meters read/transferred
  • Bring camera: Document condition of property
  • Bring trash bags: For obvious trash tenant leaves
  • Don’t interfere: Let constable handle everything
  • Don’t argue with tenant: Constable manages interaction
  • Be respectful: This is difficult for tenant
  • Get receipt: Constable should give you return of writ
  • Change locks immediately: As soon as constable gives possession

What Happens to Tenant’s Belongings?

Constable removes all property:

  • Placed outside: Usually on curb, driveway, or parking lot
  • Tenant’s responsibility: Tenant must arrange to move belongings
  • Landlord not responsible: Not required to store or protect
  • Weather damage: Landlord not liable for rain, theft, etc.
  • Can be moved: After constable leaves, landlord can move to trash if abandoned
  • Wait reasonable time: Best practice to wait 24-48 hours before discarding

Cost of Writ

Fees involved:

  • Writ issuance fee: Approximately $50-100 (varies by county)
  • Constable service fee: Approximately $100-200
  • Total cost: Typically $150-300
  • Recoverable: May be added to judgment if court costs awarded
  • Tenant may pay: If tenant has assets to collect from

Common Problems

❌ Top 10 Writ Request Errors

  1. Requested too early: Filed on day 4 instead of waiting 5 days. Denied.
  2. Tenant filed appeal: Appeal suspends writ. Must wait for appeal resolution.
  3. Wrong court: Must request from same Justice Court that issued judgment.
  4. No judgment copy: Forgot to attach copy of judgment. Need proof.
  5. Didn’t verify appeal status: Tenant appealed but landlord didn’t know. Writ invalid.
  6. Wrong address: Property address incorrect. Constable can’t find property.
  7. Tried to remove tenant: Landlord changed locks before constable. Illegal lockout.
  8. Didn’t show up: Landlord not present on removal day. Constable reschedules.
  9. Incomplete form: Missing required information. Court rejects.
  10. Lost contact: Constable couldn’t reach landlord to schedule. Delays process.

Best Practices

✅ Writ of Possession Checklist

  • Wait full 5 days: Count carefully from day after judgment
  • Verify no appeal: Call court clerk to confirm
  • Complete form accurately: All information must match judgment
  • Attach judgment copy: Certified copy from court
  • Provide good contact info: So constable can reach you
  • Respond quickly: When constable calls to schedule
  • Be flexible: Work with constable’s schedule
  • Be present: Or have authorized representative there
  • Bring locksmith: Change locks immediately after
  • Document everything: Photos, receipts, constable’s return
  • Be professional: This is official court process
  • Stay calm: Constable is in charge of removal

⚖️ Legal Disclaimer

This form is provided for informational purposes only and does not constitute legal advice. Texas Property Code § 24.0061 governs writs of possession. Must wait at least 5 days after judgment before requesting writ (tenant’s appeal period). If tenant files appeal, cannot get writ until appeal resolved. Only constable can physically remove tenant – landlord self-help removal is illegal.

Count 5 days carefully. Day of judgment doesn’t count. Start counting day after judgment. Must wait full 5 days. Requesting writ too early = denied and must request again. Check with court clerk that no appeal filed before requesting writ.

Constable enforces writ, not landlord. Only constable has authority to physically remove tenant. Landlord cannot change locks, remove belongings, or block entry before constable gives possession. Self-help eviction = illegal lockout penalties (§ 92.008). Wait for constable to complete removal and give you possession.