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My husband left suddenly & didn’t pay the rent. I’m disabled…

Customer Question
My husband left suddenly...

My husband left suddenly & didn’t pay the rent. I’m disabled and have 2 children. I’m being evicted. Have to be out this Thurs. How can Ibget emergency hearing for child support/spousal support quickly before we are homeless?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas- Harris County

Lawyer's Assistant: Has anything been filed or reported?

Not yet. I can’t afgord an attorney & don’t know what to do.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can you please help me?

Submitted: 3 months ago.Category: Family Law
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Answered in 2 minutes by:
1/2/2018
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

If you are having these issues, you can simply file for a modification or request for child support with the courts and request an emergency hearing on the matter. You can just use some basic pleading paper (usually a microsoft word attachment) and fill out whatever forms are necessary that your county requires. You file that with the court. In the document, you will have to be sure that you want the court to schedule an emergency hearing. You should tell the court clerk this as well when you file.

You should provide a copy of the eviction notice as well so you can show the court that you need to hav a hearing ASAP.

In addition, please keep in mind that if you cannot get a hearing before you are to be evicted, you do not have to leave unless the landlord has a court order to have you removed from the property. I would recommend explaining to the landlord that you are looking for greater support and that once you are heard and a support order is entered, you will have them paid.

I'm very sorry to hear about your situation. What other questions did you have for me today?

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Customer reply replied 3 months ago
Where do I go to get these forms to file??
Online??
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago
It's critical you first draft your version of the facts and make the argument why your kids are entitled to greater support. Texas is not good with posting their forms online so you must go down to the courthousd to get them. Make three copies of your complaint and fill out the forms the court requires. It's possible no forms are required as well. You will file the request and the clerk will keep one copy and give two back to you. You need to serve one on the other parent and keep one. You should check your county courthouse online portal to see if a court date has been set or you can wait for the judge to send you a letter advising you if the court date. Did you have any other questions for me?
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Customer reply replied 3 months ago
if we went to court for the eviction & judge ruled We have to move in 7 days is that the same as court ordered to leave the property?
Customer reply replied 3 months ago
The copy for the other parent, does it have to be certified or served by server or can I just hand it to him?
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago
The answer to your first question is yes, it would be an order to leave the property. As far as service, usually it just has to be served by someone over eighteen and not a party to the case. Certified mail is not usually ever required.
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Customer reply replied 3 months ago
If we’ve been ordered to evict is there anything we can do to make it a few days later??
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

You can appeal the eviction (assuming you have grounds to do so, e.g. if they evicted you because of the color of your skin) or, if the judge finds against you, you can tell them about your health issues and the fact you have minor children to set out a date that is well beyond 7 days to buy you more time.

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Customer reply replied 3 months ago
How do we go about with the appeal?
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

Don't worry about the appeal yet if you don't have a court order from the lower court yet. I think that if you do have to appeal, you usually have to provide a notice of the appeal, draft up your reasons for the appeal, and file it with the court for their review. I couldn't tell you the exact specific process because I haven't done an eviction appeal in your state. However, the process is similar from state to state with some minor variations.

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Customer reply replied 3 months ago
The lower court ruled we have 7 days. I never had a chance to speak or explain anything.
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago
I see. Let me check my resources and get back with you.
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Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

Ok, here is some information from a non-profit TX group:

If you lose the hearing or there is a default, you can appeal within five days and remain in the property while the appeal is pending. If part of your rent is paid with federal funds (publichousing, subsidized housing, Section 8 rental voucher), make sure the JC’s judgment states the amount paid by the government and the amount to be paid by you. If this isn’t correct, you must file a written objection in JC within 5 days of the date of the judgment. This is important because you might have to deposit part of your rent while your appeal is pending and you want it to be what you actually owe.

If you click here, you can find more regarding the exact things you need to do near the bottom of the page.

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