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Judgement for eviction by JPcourt, appealed by tenant.Texas County court dismissed appeal. Where is the writ of possession file

Does the writ of possession need to be filed in the Justice of the Peace or County Court. Judgement for eviction issued in JP court. Appeal filed in County court. Where is Writ of possession filed for forceable transfer of property back to landlord?

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Attorney answers (2)

Reputation Level 20
Obtaining a writ of possession requires going to the county clerk's office and paying a nominal fee. Read Sec. 24.01 of the Texas Property Code.

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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Reputation Level 9
The answer would depend on whether or not the appeal was perfected. If the appeal was perfected, the JP judgment is null and void. How and when did the CC Judge dismiss the appeal? Was it dismissed because the county court filing fee wasn't paid? If so, the appeal was not perfected and you you would request the writ from the JP court.

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DISCLAIMER—This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship. For legal advice, you should retain legal counsel regarding your specific circumstances.

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