How do I file a writ of execution in Texas?

The Writ of Execution is a proactive approach to post-judgment enforcement. 30 days after obtaining a final judgment, a creditor can request a Writ of Execution from the clerk of the court. The creditor or the creditor’s attorney will fill out a Writ of Execution form available at any county courthouse.

What does it mean to file a writ?

The term writ refers to a formal, legal document that orders a person or entity to perform or to cease performing a specific action or deed. Writs are drafted by judges, courts, or other entities that have administrative or judicial jurisdiction.

How do you lift a writ of execution?

If anyone has a judgement registered in the same county as the property is located, that property cannot be sold until the judgement is lifted either by full payment directly to the sheriff or by reaching a settlement with the creditor whereby they agree to release or lift the judgement.

How long does it take to get a writ of execution?

The judgment would have to sit for 30 days before you could file a writ of execution because in theory the defendant could appeal. If the case began in small claims court, the defendant has 20 days to answer. The defendant is supposed to notify the magistrate if he intends to appear and defend.

What exactly happens during a writ of execution?

A writ of execution is a court order that puts in force a judgment of possession and directs law enforcement personnel to begin the transfer of assets, money, or property as the result of a legal judgment.

What does it mean when a writ of execution file?

A writ of execution is the court order that a creditor files in an attempt to seize property from a debtor. In order for a creditor to have this right, there must be a judgment of some kind against the debtor. Once the judgment is awarded to a creditor, they can file for the writ of execution against the debtor.

When do I file Writ of execution on a judgement?

If no supersedeas bond is filed (Note: The matter must be under appeal for the defendant to file such a bond) and approved, a writ of execution must be issued if the plaintiff applies for it after the expiration of thirty days from the time final judgment is signed.