I Got served with eviction papers but the eviction papers they serve me with werenot the correct lease information
3 attorney answers
Speak directly with an attny immediately. The longer you wait the harder the issue will be to review and address. If the original petition/notice were/are deficient they should not lead to a judgement... but only if you go to the hearing a point it out (or in writing to the court). If a judgement has been issued based on a deficient petition it can still be addresses with the court.
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If a tenant is behind in rent, the landlord can provide a three day notice to vacate. If the tenant does not vacate, the landlord can file an eviction petition using the three day notice to vacate. After the tenant has been served, the justice of the peace will hold a hearing on the eviction petition. If the tenant owes rent, the justice of the peace will likely rule in favor of the landlord and order the tenant to vacate within five days. The order typically is served by a Constable.
If you missed the court date, then you can appeal within the time set out in the eviction order.
If this is not clear, please retain an attorney to review your paperwork.
Bottom line, if the tenant owes rent, the tenant is likely to lose an eviction hearing.
If you missed the court date and got a “final notice” for 24-hour removal, it sounds like you are being served with a writ of possession. Unfortunately, that would mean you are past the appeal deadline. If you did not have notice of the eviction lawsuit, you could file a bill of review with the JP court where the suit was brought, but that will likely take too long to spare you from immediate eviction.
Your only option for that would be filing some kind of lawsuit in a county-level or district court, and getting a temporary restraining order. You would need an attorney to assist you with that.