Texas Eviction - Writ of Execution

Filing Writ of Execution is a step within Texas Eviction - Step by Step In Texas eviction cases, a writ of execution allows the landlord (plaintiff) to collect on a judgment by seizing and selling the tenant's (defendant's) non-exempt assets to recover unpaid rent or damages awarded by the court.

Purpose

Enables the landlord to enforce a court-awarded judgment by seizing and selling the tenant’s assets, rather than garnishing wages or accounts, which requires a separate writ.

Filing

The landlord files a "Request for Writ of Execution" with the court handling the eviction case. This request includes the case number, judgment details, tenant information, and a filing fee.

Enforcement

Once issued, the writ is given to a sheriff or constable, who is authorized to seize the tenant’s non-exempt property. The assets may be sold at auction, and the proceeds applied to the outstanding judgment.

Exemptions

Texas law exempts certain essential items from seizure, such as a primary residence, basic personal items, and specific amounts of personal property.

Time Limits

The landlord must file for the writ within a specific period, usually within 10 years from the judgment date. The judgment may be renewed if necessary.