Post Judgment Remedies

If, within five calendar days from the date of judgment, no appeal has been filed and the defendant still has not vacated the premises, the plaintiff may obtain from the court a Writ of Possession to legally remove all personal property of the defendants from the premises.  The fee is included in the judgment amount rendered against the defendant).

A Writ of Possession is executed by the Constables Office.   The Plaintiff fills out an application for the Writ of Possession (affidavit stating what monies, if any, have been accepted).  The clerk provides  a receipt of the payment to the Plaintiff,  The Plaintiff  takes their receipt to the Constables Office and schedules the date and time the Writ will be executed.   The court clerk will prepare  the Writ of Possession and forward it to the Constables Office.  The Constables Office will require the Plaintiff/Landlords individual name, address and phone number.  The Constable does not represent the plaintiff or the defendant, only the Justice Court, and will remain on the premises as a keeper of the peace to see that the writ is executed according to law.  The physical removal of all property will be made  by the defendant or plaintiff or their designated personnel.  Questions involving the execution of a Writ  of Possession should be directed to the Constables Office at (210) 335-4850.

Another alternative to collection of a judgment for past rent is an Abstract of Judgment.  An Abstract may be obtained for a fee if no appeal has been filed within five days after the date the judgment is rendered. The court will prepare the abstract which the plaintiff must then file with the County Court.  The Abstract of Judgment places a lien against any non-exempt, real property of the defendant for a period of ten years.  When requesting an Abstract of judgment you should provide the court, whenever possible, with the following  information pertaining to the defendant:

1. Date of Birth
2. Texas Drivers License
3. Present address