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 Ray Your Own Question
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37045
Experience:  30 years in civil, probate, real estate, elder law
8534270
Type Your Legal Question Here...
Ray is online now
A new question is answered every 9 seconds

I filed for a eviction in JP court Won the eviction, planiff

Customer Question

I filed for a eviction in JP court Won the eviction, planiff has the right to appal she did but with the judges orders were for her to pay last monday 125.00 . case was moved to county court . They called me yesterday and I set a court date. I have to notice the renter what do I do?
Submitted: 1 month ago.
Category: Legal
Expert:  Ray replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 1 month ago.

The appeal will be tried by the County Civil Courts at Law at any time after the expiration of eight (8) days after the transcript is filed with the County Court at Law. If there is a delay with the County Court setting the hearing on its own, a party may request that the matter be set to be heard on the court’s trial docket. If the defendant did not file a written answer in the Justice Court, the defendant must file a written answer in the County Civil Courts at Law within eight (8) days after the transcript is filed in the County Civil Courts at Law. Failure of the party to file a written answer in the County Civil Courts at Law will result in the entry of a judgment by default.

Expert:  Ray replied 1 month ago.

ayment of Rent During Appeal

If a tenant timely files a Pauper’s Affidavit to appeal an eviction for nonpayment of rent, the court will give the tenant a written notice at the time the Pauper’s Affidavit is filed that notifies the tenant: (1) of the amount of the initial deposit of rent that the tenant must pay into the justice court registry; (2) whether the initial deposit of rent must be paid in cash, cashier’s check, or money order, and to whom the cashier’s check or money order must be made payable; (3) the calendar date and if applicable, the time by which the initial deposit must be paid; and, (4) a statement that failure to pay the required amount into the justice court registry by the date and time specified may result in the court issuing a writ of possession without hearing. The date by which the initial deposit must be paid into the justice court registry must be within five (5) days of the date the tenant files the Pauper’s Affidavit. The tenant must continue to pay the rent into the County Court registry as it becomes due during the pendency of the appeal. See TEX. PROP. CODE § 24.0053.

Tenant’s Failure to Pay Rent During Appeal of Eviction Case Based on Non-Payment of Rent

This appellate system may appear unfair to the landlord; however, if the Pauper’s Affidavit is permitted, the tenant is then obliged to begin making monthly rental payments to the County Court and continue to do so during the pendency of the case. Effective January 1, 2012, during an appeal by Pauper’s Affidavit of an eviction case for nonpayment of rent, the Justice Court, on request, without hearing, must immediately issue a writ of possession if: (1) the tenant fails to pay the initial rent deposit into the justice court registry within 5 days of the date the tenant filed a Pauper’s Affidavit; (2) the court gave the tenant the written notice containing the amount of the initial deposit, the form of payment of the deposit, the date and time within 5 days of the date of filing the Pauper’s Affidavit by which the initial rent was to be paid, and the warning that a failure to pay the initial deposit might result in the issuance of a writ of possession without hearing; and, (3) the court has not yet forwarded the transcript to the County Court. This provision gives landlords an effective, “automatic-style remedy” at the Justice Court level without having to wait until the entire eviction file is transferred to the county clerk’s office and a new case is set up.

If during the appeal, the tenant fails to pay rent as the rent becomes due into the County Court’s registry, the County Court will immediately issue a writ of possession unless on or before the day of the hearing the tenant pays into the court registry all of the unpaid rent due during the appeal, and the landlord’s reasonable attorney’s fees. If the tenant has failed timely to pay rent into the County Court registry on more than one occasion, the tenant is not entitled to stay the issuance of the writ of possession by paying the rent and attorney’s fees, and the County Court will immediately issue the writ of possession. See TEX. PROP. CODE § 24.0054.

So here you appear and ask for write of possession and judgment for all the rent you are owed here, calculate that so you have a page to submit to the judge here.

I appreciate the chance to help you today.I wish you the best here.

Related Legal Questions