How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111600
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I need a TX Lawyer regarding appealing a default judgment in

Customer Question

I need a TX Lawyer regarding appealing a default judgment in eviction
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

You have only 5 days to appeal the JC’s decision to the County Court (the next highest court). The 5 days include weekends and holidays. If the deadline falls on a day the JC is closed (or is not open until 5:00PM), you can file the appeal on the next day that the JC is open. If you miss the deadline, the judgment stands and the landlord can get an order (Writ of Possession) to have you and your belongings removed.

Here is information about posting the bond and perfecting the appeal under Texas law.

http://texaslawhelp.org/resource/eviction-appeals-to-county-court

You can appeal with a bond or cash deposit OR an Affidavit of Inability to Pay.

  • Appeal Bond: A bond is a promise to pay the judgment if you lose the appeal. The amount of the bond is set by the JC, usually at 2-3 times your monthly rent. You can deposit cash or a security with the JC. A security must be signed (guaranteed) by you and one or more people (for example who have assets in Texas) who are approved by the JC. You will also have to pay a filing fee for the appeal once it arrives at the County Court.
  • Affidavit of Inability to Pay: If you can’t afford the bond, you can file an Affidavit of Inability to Pay (also called a Sworn Statement of Inability to Pay). The JC should provide you a form Affidavit upon request. If you appeal with an Affidavit, you are not responsible for County Court filing fees. If the landlord disagrees with your Affidavit, you must prove in a JC hearing that you cannot afford the bond. If you disagree with the JC decision, you can appeal to County Court.

Here if you didn’t file a written answer to the lawsuit in the JC, you must file one in the County Court within 8 days after the County Court receives your case. (Check with the Court frequently!) If you don’t file a written answer the landlord may win by default. Your answer can be a simple hand-written letter asking for new trial and giving the reasons why you shouldn’t be evicted.

You have rights here to appeal but you must do so quickly to avoid eviction here as set out above.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 1 year ago.

Your appeal means you will have a new trial in the County Court. The same evidence you used in JC court (papers, witnesses, photographs) must be presented again. The judge will listen first to the landlord's side and then to your side, then make a decision about whether to evict. You also have the right to ask questions of the landlord in court.

Expert:  Ray replied 1 year ago.

More see filing an appeal..

http://www.housing-rights.org/evictions.html

I wish you the best here.Thanks again for letting me try to help you.

Expert:  Ray replied 1 year ago.

You can do this yourself following the reference above.

Customer: replied 1 year ago.
I exiled my appeal, and the judge said it was untimely and said something about me being able to appeal his decision, but the register of actions said Friday that writ of possession service (not served). Is there nothing I can do?
Customer: replied 1 year ago.
E-filed my appeal.
Expert:  Ray replied 1 year ago.

You can file a n appeal of the eviction within five days.Since you are pro se it should not have to be efiled do so in person..

I wish you the best here.Make sure you file this on Monday.

Expert:  Ray replied 1 year ago.

You have to file a bond here or affidavit of inability to pay.See the reference above.

Customer: replied 1 year ago.
I already did file a paupers.
Customer: replied 1 year ago.
Here is what he said.
Expert:  Ray replied 1 year ago.

You may try to refile on Monday in person.They will need a sworn answer here and the paupers affidavit again.This is your next step here.The clerk may be able to tell you if anything else is lacking.You have to keep plugging away here.

Customer: replied 1 year ago.
But a writ was filed on Friday. It just says "writ of possession service"
Customer: replied 1 year ago.
I saw it online
Expert:  Ray replied 1 year ago.

You filed here in wrong court, it should be filed in county court with county clerk see my instructions above.Thats why the note says no jurisdiction.

Customer: replied 1 year ago.
No, it needs to be perfected in JP, right?
Customer: replied 1 year ago.
But if there is already a writ, does it matter? How can I talk to someone in my area today to help me?
Expert:  Ray replied 1 year ago.

No read the instructions above..

you must file one in the County Court within 8 days after the County Court receives your case

Expert:  Ray replied 1 year ago.

It is not too late if Monday is within the five days here.Otherwise you will need a local lawyer to appeal to an even higher court.

Expert:  Ray replied 1 year ago.

You have only 5 days to appeal the JC’s decision to the County Court (the next highest court). The 5 days include weekends and holidays. If the deadline falls on a day the JC is closed (or is not open until 5:00PM), you can file the appeal on the next day that the JC is open.

It is five days here to file with county clerk.

Customer: replied 1 year ago.
The county court didnt receive my case because I haven't perfected my appeal with JP. He denied my appeal.
Expert:  Ray replied 1 year ago.

Then let me opt out here for a local lawyer.Please do not rate and respond.Thanks for your patience.

Customer: replied 1 year ago.
Okay
Customer: replied 1 year ago.
How long do you think?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a different contributor.

I am afraid that you have a problem here, because it appears from what the court responded, you did not properly respond to move to vacate and for waiver of fees in a timely manner. If you did not comply with the TX Rules of Civil Procedure in your filings and did not have your pleadings notarized or did not serve the opposing party as the court is claiming, this is fatal to your case. While pro se parties are given latitude in the form or substance of their pleadings, the court does have a right to require that the pleadings comply with court rules and where many pro se litigants lose otherwise potentially valid claims is by failure to follow these rules.

I am afraid that your only remaining potential recourse here is an appeal to the county circuit or appeals court and for that you have to go to the local legal aid office and seek their assistance if you cannot afford an attorney and they would be necessary if you want to pursue an appeal if you want any possible chance.

Related Legal Questions