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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102145
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Can I file an Emergency motion to stay a writ of possession

Customer Question

Can I file an Emergency motion to stay a writ of possession on line?
JA: Where is the property located?
Customer: Houston,tx Harris county
JA: Has any paperwork been filed?
Customer: We went to court on the 26th of Aug.2016 and last week,we filed an appeal for one week& TODAY AT 8:30am,WE WERE SERVED with Writ of possession!
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes,just that my fiancé and I have only until 4:30 TODAY TO FILE AN MOTION TO STAY WRIT OF POSSESSION!
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

If the suit is with the County or District Court, then the answer is yes - non-attorneys can now "efile," although they do not have to.

If the suit is with a local Justice of the Peace Court, then the efiling is allowed only if the local Court allows it (Rule 502.1). Most Justice of the Peace Courts still require pleadings to be filed by paper.

Finally, an ex parte (emergency) motion can only be heard with the party actually before the Court. So even if efiling, the petition would still not be considered until/unless someone is there to argue it before the Judge on the day of filing.

Ergo, efiling an ex parte may be somewhat impractical since someone still has to go down to the Court to argue it.

Now, if the individual is disabled/bedridden, special rules may apply and if so, reply and let me know and we can discuss this.

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Expert:  Ely replied 10 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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