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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32369
Experience:  Began practicing law in 1992
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We filed an appeal in 4th court of appeals in san antiono tx

Customer Question

we filed an appeal in 4th court of appeals in san antiono tx and now the county judge had us served with another writ possession
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Is there a specific question with which I could assist?

Customer: replied 1 year ago.
I'm waiting need answer ASAP
Expert:  Dwayne B. replied 1 year ago.

I, like most of the other experts in the Legal categories, can't do telephone calls because of the State Bar rules, etc. However, I am online and can assist in this format.

The issue is that you haven't asked a question, you provided some facts and I asked you what specific question you had there was no reply. If you can tell me what question you have then I can assist.

Customer: replied 1 year ago.
What can we do to stop writ of possession add the information we send last night
Expert:  Dwayne B. replied 1 year ago.

There's no additional information listed on your question.

There are only a few ways to stop the writ of possession.

1) You can file the supersedeas bond. However, be aware that the District Clerk has nothing to do with the County Judge, you have to go through the County Clerk's office to file anything with the County Judge. I'm not sure what stage you are at so you may have to file the bond with the Court of Appeals and have them issue a stay of the Writ of Possession. Failing to file a supersedeas bond always allows a civil judgment to proceed forward even though you appeal.

2) If you have some kind of grounds for it, you can ask a district court or a federal court, depending on the grounds, to issue an injunction staying the Writ of Possession. I couldn't even start to guess what those grounds would be because that would take a complete evaluation of all of the paperwork, testimony, and court filings so you'd have to get a local lawyer involved; or

3) File a bankruptcy. A bankruptcy immediately and automatically stops everything and allows you to sort out what's going on. The stay from the bankruptcy judge is automatic upon filing and you have to notify everyone involved and then everything moves to the bankruptcy court although the other side can ask that the stay be lifted at some point and you can ask that you be allowed to continue the appeal and leave the stay in place.

Those are your options at this point.

Customer: replied 1 year ago.
We filed an affidavid of inability to pay 4th Court of Appeals issued an order it states we further order the any contest to appellant affidavit of indigence must be filed on or before July 31st any contest must be fall in this court in no contest is timely filed appellant allegation is set forth an affidavit of inability to pay costs we'll be being true and they will permitted to proceed without payment of costs including cost for appellate
record is covered by affidavid
Expert:  Dwayne B. replied 1 year ago.

Was a contest filed?

Expert:  Dwayne B. replied 1 year ago.

Also, when was the writ of possession signed by the judge?

Customer: replied 1 year ago.
No contest was filed at all does this affidavit of indigence cover supersedes bond
Customer: replied 1 year ago.
Are you there
Expert:  Dwayne B. replied 1 year ago.

No, not usually and definitely not automatically. You could ask the Court of Appeals to suspend the need for a supersedeas bond and allow the affidavit of indigency to serve to supersede the judgment but they're not likely to do it since the purpose of a supersedeas bond is to make the person who won the judgment "whole" if you lose on appeal.

Expert:  Dwayne B. replied 1 year ago.

I am here and will be online all day but I do assist other people as well so sometimes it will take a few minutes to get back to you.

Expert:  Dwayne B. replied 1 year ago.

The only sure ways to stop the writ of possession are the ways I set out above and the only absolute way are to file the bond or to file bankruptcy.

Customer: replied 1 year ago.
7/2015 same date as the Appeals Court sign the order for lalandlord to contest the order
Customer: replied 1 year ago.
Ok will call Appeals Court and ask to pay bond
Expert:  Dwayne B. replied 1 year ago.

That should stop it.

Expert:  Dwayne B. replied 1 year ago.

If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating (of course I’d suggest Excellent!) so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.

Expert:  Dwayne B. replied 1 year ago.

The property you're discussing serves as your residence, correct?

Customer: replied 1 year ago.
it does and spoke to Appeals Court I can not do a supersedes bond with them
Expert:  Dwayne B. replied 1 year ago.

You'll have to file it with the County Clerk then but the issue then becomes that they may claim it was too late. Pursuant to Texas Rule of Civil Procedure 510.13 the bond must be filed within 10 days of the date of the judgment.

Did you have an attorney at any time during this?

Expert:  Dwayne B. replied 1 year ago.

Also, how long ago was the judgment signed? What day exactly?

Customer: replied 1 year ago.
It was signed July 25 2015 and no we didn't have an attorney at anytime and the JP Court and County Court didn't
state the amount of supersedes bond on any of their orders for writ possession
Expert:  Dwayne B. replied 1 year ago.

You're still within the time so you can contact the County Court and ask for the amount and then file the bond, that will prevent the Writ from being executed.

You can also file a Motion to Set Supersedeas Bond and ask for an emergency hearing on it if the judge won't just give you an amount.

Customer: replied 1 year ago.
Let me see I can make this clear the original writ possession was done or signed June 18th we filed an appeal which brings us to the second writ of possession that was signed July 25th 2015
Expert:  Dwayne B. replied 1 year ago.

No, when was the judgment signed, not the Writ of Possession.

Customer: replied 1 year ago.
the filed to 4th courts of appeals So are we still we then the time limit
Expert:  Dwayne B. replied 1 year ago.

You must be within ten days of the signing of the judgment. That is the only date that matters for the supersedeas bond.

Expert:  Dwayne B. replied 1 year ago.
While I realize that the information I provided may not have been "good news" it was accurate and I did cover not only the question you initially asked, based on the facts you provided, but then continued with additional questions and answers as you provided more facts.
I would offer you my best wishes and ask that you please issue your positive rating at this time. While you may have made a deposit with the website or be a part of a special offer, the experts don't receive credit or get paid until the rating is completed by the customer clicking on the button and issuing a positive rating.