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I just spoke with u I'm needing some advice on a eviction…

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I just spoke with u I'm needing some advice on a eviction paupers appeal

Lawyer's Assistant: Where is the property located?

Texas

Lawyer's Assistant: Has any paperwork been filed?

I filed an paupers

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Answered in 2 minutes by:
3/29/2017
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 45,210
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Customer reply replied 10 months ago
I filed an paupers appeal my landlord stated he would work with me on payments he took a payment today then backed out stated that he will no longer take payments can he do that

He can but you can pursue the appeal and also argue waiver here too on his part.

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Reference to appealing this.

Stay Pending Appeal:

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.

Basics of Appealing an Eviction from JC:Pay attention to deadlines!

Five days to appeal(filed in JC):

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.

Appeal (filed in JC):

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.

Paying rent into Court Registry:

If you appeal with an Affidavit of Inability to Pay, you must pay one month’s rent (per the judgment) to the JC within five days of filing your Affidavit, and then you must pay rent every month to the county clerk until your appeal is decided. Pay within 5 days of the date it’s due under the lease; if you are late, your landlord can get a Writ of Possession to have you removed.

Paying rent:

Unless you are paying rent into the Court Registry, you should continue to pay the rent to the landlord directly to prevent eviction for nonpayment. If the landlord refuses to accept your rent, you should put it aside and not touch it, because you will still owe it.

Written answer:

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.

Filing fee:

(County Court): If you did not appeal with an Affidavit of Inability to Pay, you must pay a filing fee to the County Court within 20 days after receiving notice of the fee. If you can’t afford the filing fee, you can file an Affidavit of Inability to Pay Costs.

Trial on Appeal:

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.

If you lose the appeal:

You should have 10 days (but some courts say 5) to move out or appeal to the court of appeals.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 45,210
Experience: Texas Attorney for 30 years dealing in real estate
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Joycelaw
Joycelaw, Attorney
Category: Real Estate Law
Satisfied Customers: 102
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Phone call session started

More for you here, good luck

An alternative method of perfecting the appeal is by filing and obtaining approval of a pauper’s affidavit. This method may be used if the tenant is unable to pay the appeal costs or file a bond. The affidavit must be filed within five days after the judgment is signed and must state the appellant’s inability to pay costs, or any part of the costs, or to give security. It may be contested within five days of filing and notice to the opposing party. The affidavit will be considered approved on any one of the following occurrences: (1) the pauper’s affidavit is not contested by the other party; (2) the pauper‘s affidavit is contested by the other party and, on hearing, the justice determines that it is approved; or (3) on a hearing by the justice disapproving of the pauper’s affidavit, the appellant appeals to the county judge who then, after a hearing, approves the pauper‘s affidavit.

A tenant who has appealed by filing a pauper’s affidavit in a forcible detainer case based on nonpayment of rent may be entitled to possession of the premises during the pendency of the appeal. However, possession is allowed to the tenant only if the tenant pays into the justice court registry one rental period’s rent within five days of filing the affidavit and continues to pay rent into the registry as it becomes due within five days of the due date.

When the appeal is perfected by the filing of an appeal bond or approval of a pauper’s affidavit, further proceedings in the justice court are suspended. The justice will forward a transcript of the proceedings to the clerk of the court having jurisdiction of the appeal. After the transcript is filed for eight days, the case is subject to trial at any time. If the defendant filed no written answer in the justice court, and fails to file a written answer in the county court within eight days after the transcript is filed, judgment may be entered against the defendant by default.

At trial, the parties are entitled to plead, prove, and recover damages shown to have been suffered for withholding or defending possession of the premises during the pendency of the appeal. The damages may include, but are not limited to, loss of rentals and reasonable attorney’s fees in the justice and county courts, as well as court costs. Attorney’s fees may be awarded only if the requirements of Property Code Section 24.006, concerning the requirement of a written demand to vacate or a lease provision for attorney’s fees. Damages may be awarded only to the prevailing party.

Judgment against the appellant should also be against the sureties on the appeal bond.

Following the judgment of the county court, any needed writ of possession or execution will be issued by the county clerk. Issuance of a writ of possession may not be suspended or superseded in any case by further appeal unless the premises in question are being used as the principal residence of a party.

A final judgment of a county court in a forcible entry and detainer suit, or in a forcible detainer suit, may not be appealed on the issue of possession unless the premises in question are being used for residential purposes only. The county court judgment may not be stayed pending appeal unless the appellant files a supersedeas bond in an amount set by the county court within 10 days of the signing of the judgment. In setting the supersedeas bond, the county court must provide protection for the appellee to the same extent as in any other appeal, taking into consideration the value of rents likely to accrue during appeal, damages that may occur as a result of the stay during appeal, and any other appropriate damages or amounts.

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Customer reply replied 10 months ago
I filed the paupers and paid the money to the landlord then he backed out the agreement do I still have to move

A tenant who has appealed by filing a pauper’s affidavit in a forcible detainer case based on nonpayment of rent may be entitled to possession of the premises during the pendency of the appeal. However, possession is allowed to the tenant only if the tenant pays into the justice court registry one rental period’s rent within five days of filing the affidavit and continues to pay rent into the registry as it becomes due within five days of the due date.

So here if you comply you can stay pending the appeal.This amounts to a second hearing here in county court.

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Ray
Ray
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