*** EVICTION ATTORNEYS FOR LANDLORDS ONLY: Please note that we limit our San Antonio Residential Evictions and Eviction Appeals Practice to representation of Landlords, Property Owners (including foreclosure /Substitute Trustee sale purchasers) and Property Managers *** We do NOT represent Tenants in Residential Eviction Cases, but WILL consider Representation of Commercial Tenants.

Thursday, November 3, 2011

Writ of Possession in the Bexar County Justice Courts

After the rendition of a Judgfment of Eviction, either party (landlord or tenant) has five (5) calendar days to appeal the judgment to the County Court at Law. Appeal of a Justice Court's eviction Judgment may be perfected by filing a Notice of Appeal and Appeal Bond with the Justice Court. Upon proper perfection of the appeal, the Clerk of the Justice Court will transfer the Court's file to the County Clerk, who will assign a new cause number to the suit.

If no appeal is filed, and the tenant has not vacated the premises within five (5) calendar days from the date of the judgment, the plaintiff/landlord may obtain a Writ of Possession to legally remove all of the tenant's personal property from the premises. A Writ of Possession is executed by the Constable’s Office. However, the Constable does not represent the landlord or the tenant, and will remain on the premises solely as a keeper of peace to see that the writ is executed according to law. The physical removal of all property will be made by the landlord or their designated personnel.

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