Free Texas Texas Writ of Possession Request
Texas Writ of Possession Request — Requests a Texas writ of possession after winning an eviction judgment, directing the constable to remove a tenant who has not vacated. Conform to Texas Justice Court (JP) rules and Tex. Prop. Code § 24.0061 / TRCP 510.8.
A Texas writ of possession request is filed after a landlord wins an eviction judgment and the tenant still has not moved out. Under Texas Property Code § 24.0061 and TRCP 510.8, the landlord may request the writ no earlier than 6 days after the judgment for possession (to allow the appeal window). Once issued, the writ directs the constable or sheriff to post a 24-hour notice and then physically remove the tenant and their belongings. The landlord generally must provide labor and storage as required by statute. The writ is the final enforcement step — a landlord may never use self-help (changing locks, removing belongings) without it. This form does not replace the official court forms or legal advice.
Texas Writ of Possession at a Glance
Statute
Tex. Prop. Code § 24.0061 / TRCP 510.8
Court
Texas Justice Court (JP)
Filed by
Landlord / Attorney
Authority
Tex. Prop. Code § 24.0
This is a legal filing — conform to local court rules
Court forms must conform to the rules of Texas Justice Court (JP) and the applicable statute (Tex. Prop. Code § 24.0061 / TRCP 510.8). Filing requirements, formatting, fees, and service rules vary by court and change over time. This worksheet helps organize the required information; it is not a substitute for the official court forms or for legal advice. When in doubt, consult an attorney or the court clerk.
How to Use the Texas Writ of Possession
Identify when the disclosure is required
Confirm the prerequisite is met: the landlord has obtained a Texas judgment for possession and the appeal period has run without the tenant vacating.
Prepare the notice
Gather the underlying documents: lease, the notice served and proof of its service, and a rent ledger if applicable.
Provide the disclosure
Complete this worksheet with the parties, property, grounds, notice details, and relief sought.
Follow statutory timeline
Transfer the information to the official Texas Justice Court (JP) form(s); pay the filing fee and file in the correct court/precinct.
Document the process
Arrange proper service of process on the tenant and file proof of service. Appear at the hearing.
Generate the Texas Notice
Complete the fields below to generate a Texas Texas writ of possession request. Service should comply with per Tex. Prop. Code § 24.0061 / TRCP 510.8 and Texas Justice Court (JP) rules; retain proof of delivery.
Purpose
Requests a Texas writ of possession after winning an eviction judgment, directing the constable to remove a tenant who has not vacated.
1. Parties & Property
From (Landlord / Property Manager)
To (Tenant)
2. Filing Information
3. Notice Content
4. Signature
About This Texas Notice
A Texas writ of possession request is filed after a landlord wins an eviction judgment and the tenant still has not moved out. Under Texas Property Code § 24.0061 and TRCP 510.8, the landlord may request the writ no earlier than 6 days after the judgment for possession (to allow the appeal window). Once issued, the writ directs the constable or sheriff to post a 24-hour notice and then physically remove the tenant and their belongings. The landlord generally must provide labor and storage as required by statute. The writ is the final enforcement step — a landlord may never use self-help (changing locks, removing belongings) without it. This form does not replace the official court forms or legal advice.
Texas Statutory Requirements
- Tex. Prop. Code § 24.0061 / TRCP 510.8 governs the filing
- Valid predicate: the landlord has obtained a Texas judgment for possession and the appeal period has run without the tenant vacating
- Correct court / venue
- Complete petition/complaint contents
- Proper service of process with proof filed
- Filing fee paid
Delivery Methods
- File with the court clerk (e-file where required)
- Serve the opposing party per the applicable service rule
- File proof of service with the court
- Keep stamped copies of everything filed
Common Mistakes
- Filing before the predicate notice has expired
- Defective or improperly served notice
- Wrong court or precinct
- Incomplete description of premises or grounds
- Improper service of process
- Using self-help instead of the court process
Best Practices
- Confirm the predicate is satisfied (the landlord has obtained a Texas judgment for possession and the appeal period has run without the tenant vacating)
- Attach the lease and the served notice
- File in the correct court/precinct
- Describe parties, premises, and grounds precisely
- Effect proper service and file proof
- Never use self-help eviction
- Consult counsel for contested cases
Bottom line
A Texas writ of possession request must rest on a valid predicate (the landlord has obtained a Texas judgment for possession and the appeal period has run without the tenant vacating) and conform to Tex. Prop. Code § 24.0061 / TRCP 510.8 and Texas Justice Court (JP)’s rules. Proper notice and proper service are the most common failure points. This worksheet organizes the required information but does not replace the official court forms or legal advice.
Frequently Asked Questions
What is a Texas writ of possession request?
Requests a Texas writ of possession after winning an eviction judgment, directing the constable to remove a tenant who has not vacated.
What must happen before filing?
The predicate must be satisfied: the landlord has obtained a Texas judgment for possession and the appeal period has run without the tenant vacating. The matter proceeds under Tex. Prop. Code § 24.0061 / TRCP 510.8 in Texas Justice Court (JP).
Which court handles this?
Texas Justice Court (JP), under Tex. Prop. Code § 24.0061 / TRCP 510.8. File in the court for the location where the property sits.
Can I use this instead of the official court form?
No. This is an organizing worksheet. The official Texas Justice Court (JP) form(s) and current local rules control. Use this to prepare, then complete the official forms.
What is the most common mistake?
Filing before the notice has expired, or defective/improper service of the notice or process. Both are avoidable with careful attention to dates and service.
Do I need a lawyer?
These proceedings are technical and the stakes are high. While self-representation is allowed, consulting an attorney (or Texas Justice Court (JP)’s self-help center) is strongly recommended, especially if the case is contested.
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