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The most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it. The sheriff will often back off if the parties are working to resolve the judgment. We have plenty of experience in settling judgments. Another sure fire way to stop a writ of execution is to file for Bankruptcy.
The Judge will typically give you 5-10 days to move out. Failure to move out will result in a Writ of Possession being issued. If this occurs, the Constable will serve you with a 24-hour notice to vacate.
How to file a Motion to stay a writ of possession in Texas? File the Motion with the Clerk of the County Court at the Court where the case was filed. You must also hand-deliver a copy of the Motion to the Judge assigned to your case.
Step 5: Writ of Possession. The constable must post a 24 hour notice before executing the writ and removing the tenants property from the rental.
Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to stay or stop the sheriff from executing the Writ of Possession and removing the resident. It can be a typed or handwritten document filed by the resident or the residents attorney if one is retained.
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In Texas, the entire eviction process takes about three weeks. If you lose your eviction case, your landlord can get a document called a Writ of Possession after six days. The constable will give you a copy of the Writ of Possession at least 24 hours before forcibly removing you from the home.
Move out process The sheriff/constable posts the Writ of Possession on the property. This informs the tenant that they have 24 hours to vacate the premises with their belongings. Once the 24 hours are up, the sheriff/constable is allowed to remove the tenant by force. If the tenant refuses, they will be arrested.
How to file a Motion to stay a writ of possession in Texas? File the Motion with the Clerk of the County Court at the Court where the case was filed. You must also hand-deliver a copy of the Motion to the Judge assigned to your case.

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