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  1. #1
    homeless karen Guest

    Question filing procedure of a paupers affidavit

    What is the name of your state? Texas
    I'm a single mom of three boys, living in the housing authority in our town. Last month i was real late on my rent $116.??, when i went to pay i was informed that i was evicted and was suppose to have been out on the 2nd of aug. It was Aug. 5th, I had no clue, any way they took it to court and th jp ruled in their favor said i had 3 days to move:eek: well i got on the net to find out what an appeal was, i needed more time, no family ,no money to move and it was labor day weekend, well found about a paupers affivadit that if filed would allow me to stay in apt til decision by court. the housing contested it and the jp disapproved it based on my income, this was filed on fridayaug 30 the judge disapproved it on 12th, the place i was working closed its doors on the 11th, without warn, now im totally broke but the jp said that in order to file the appeal to the county court i must post bond at 2x $177.?? with her, she already has a months rent in regeristy, im confused at this point i can file a appeal with the county court to ask for approval for the paupers aff. right?, and the reason for it being no money, do i have to have the money before the county judge looks it over and now that my job ended can i amend the affid. before it goes to the county judge? today is the five day limit to appeal and i still cant find anyone that can help me , no one knows what im doing,, me neither, somewhere i got lost on the real focus of it all, but i would love to stay her cause i dont have nowhere for my boys and im scared, im serios about no family, but any way can you help?

    ##### I found out today that I am to appeal to the county judge by way of a form, to have him review and amend the paupers affidavit if needed, then set hearing on the approval of it. If its disaproved again then I must have the money to appeal further. The problem now, Is what form do I need to appeal to the judge, the county judge or clerk do not help with any of the forms, "I'm not a lawyer" was their reply. The Justice supplied me with the ones for her court, but said she didnt have the ones I may need now. I don't know where to find it. This be your own lawyer is hard, good thing I'm not up for the death penalty!
    I found the information I have used so far from the web site [url]http://www.dallaslandlordlawyer.com/Eviction_Appeals.htm[/url]
    Last edited by homeless karen; 09-17-2002 at 12:52 AM.
  2. #2
    FarmerJ is offline Senior Member
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    karen will any local church fund this for you or perhaps does your state have emergency financial assistance (emergency welfare ?
  3. #3
    daddie1001 Guest
    Single mom of 3 kids, where are the fathers? You say you have no family then your kids get no presents for christmas, or birthdays?

    And yes when you appeal a decesion you must put up 2 times the rent on appeal ....the only Paupers thing i know about is they waive the Filing fee, but Not the amount needed to appeal.

    Its the way our system works you lost, so rather then waste everybodys time and effort, you must put up the money to appeal. If you lost again then how would they collect from you if you are broke?
  4. #4
    homeless karen Guest
    daddie 1001,

    thank you for your help and concern, just to ease your mind, as their mother, I have given them each, a birthday party and have with Gods help, so far, given them the birthday wish (in reason) they wanted for that year. So far I have hosted 29 birthday partys As far as Christmas is concerned I have never had one that didn't have a beautiful tree surrounded with gift wrapped presents, the only difference now is that they don't have my name on them (ha-ha), no, my present comes from their laughter and thank u's, the best of all is the lifetime one, to hear each one tell me what Christmas is really about, and how special they must each be for Jesus to want to share His "birthday" presents with them. As for the fatheR, the further the better, I have or I am in the process of handling everything. I guess I was wrong when I said I had no family, because I have all the family I need everyday except one, and I have missed her each day for four years now and I will never stop needing her, thanks mom for teaching me to depend only on the one solid foundation in this life, My Lord and Savior, Jesus Christ. Oh, just one more thing, where did you get your information? Through Christ all things are possible! If God closes one door, He'll always have a better one to open soon. Once again thank you for your time.
    Last edited by homeless karen; 09-17-2002 at 12:34 AM.
  5. #5
    homeless karen Guest
    Farmer J,

    I am really looking for the procedure needed to file in the correct "loop Hole" free manner, more than the money, I'm sure God has a plan, He has never let me down yet. I know that If I give it my best He'll do the rest. I just don't make a good civil lawyer, but Im the only free one I could find. Thank you for your concern.
  6. #6
    daddie1001 Guest
    Karen;

    I guess i'm from the old school i have great realtions with my family becuase i want to, so what about the father parents aka grandparents dont they want to see the grandkids?

    And what about your aunts and uncles?

    If you added up all those people someone would help, or would have a place for you to stay while you get back on your feet, sorry but family IS very important to me, so i have a hard time when others rely on jesus or the welfare department, or handouts....
  7. #7
    daddie1001 Guest
    this is what i found: The court can set a Bond equal to the cost of court costs,interest, and the judgment, but it could be lower.....

    ---------

    CHAPTER 52. SECURITY FOR JUDGMENTS PENDING APPEAL


    52.001. Definition


    In this chapter, "security" means a bond or deposit posted, as provided by the Texas Rules of Appellate Procedure, by a
    judgment debtor to suspend execution of the judgment during appeal of the judgment.


    Added by Acts 1989, 71st Leg., ch. 1178, 1, eff. Sept. 1, 1989.


    52.002. Bond or Deposit for Money Judgment


    A trial court rendering a judgment that awards recovery of a sum of money, other than a judgment rendered in a bond forfeiture
    proceeding, a personal injury or wrongful death action, a claim covered by liability insurance, or a workers' compensation claim,
    may set the security in an amount less than the amount of the judgment, interest, and costs if the trial court, after notice to all
    parties and a hearing, finds that:


    (1) setting the security at an amount equal to the amount of the judgment, interest, and costs would cause irreparable harm to
    the judgment debtor; and


    (2) setting the security at the lesser amount would not substantially decrease the degree to which a judgment creditor's recovery
    under the judgment would be secured after the exhaustion of all appellate remedies.


    Added by Acts 1989, 71st Leg., ch. 1178, 1, eff. Sept. 1, 1989.


    52.003. Review for Sufficiency


    In a manner similar to appellate review under Rule 49, Texas Rules of Appellate Procedure, of the sufficiency of the amount of
    security set by a trial court, an appellate court may review the sufficiency of the amount of security set by the trial court under
    Section 52.002.


    Added by Acts 1989, 71st Leg., ch. 1178, 1, eff. Sept. 1, 1989.


    52.004. Review for Excessiveness


    (a) In a manner similar to appellate review under Rule 49, Texas Rules of Appellate Procedure, of the sufficiency of the amount
    of security set by a trial court, an appellate court may review for excessiveness the amount of security set by a trial court under:


    (1) Section 52.002; or


    (2) the Texas Rules of Appellate Procedure if security is not set under Section 52.002.


    (b) If the appellate court finds that the amount of security is excessive, the appellate court may reduce the amount.


    Added by Acts 1989, 71st Leg., ch. 1178, 1, eff. Sept. 1, 1989.


    52.005. Conflict With Texas Rules of Appellate Procedure


    (a) To the extent that this chapter conflicts with the Texas Rules of Appellate Procedure, this chapter controls.


    (b) Notwithstanding Section 22.004, Government Code, the supreme court may not adopt rules in conflict with this chapter.


    (c) The Texas Rules of Appellate Procedure apply to any proceeding, cause of action, or claim to which Section 52.002 does
    not apply.


    Added by Acts 1989, 71st Leg., ch. 1178, 1, eff. Sept. 1, 1989.
  8. #8
    daddie1001 Guest
    CHAPTER 13. AFFIDAVIT OF INABILITY TO PAY COSTS


    13.001. Dismissal of Action


    (a) A court in which an affidavit of inability to pay under Rule 145, Texas Rules of Civil Procedure, has been filed may dismiss
    the action on a finding that:


    (1) the allegation of poverty in the affidavit is false; or


    (2) the action is frivolous or malicious.


    (b) In determining whether an action is frivolous or malicious, the court may consider whether:


    (1) the action's realistic chance of ultimate success is slight;


    (2) the claim has no arguable basis in law or in fact; or


    (3) it is clear that the party cannot prove a set of facts in support of the claim.


    (c) An action may be dismissed under Subsection (a) as frivolous or malicious either before or after service of process.


    Added by Acts 1987, 70th Leg., ch. 976, 1, eff. June 19, 1987.


    13.002. Judgment


    Judgment may be rendered for costs at the conclusion of the action as in other cases, but the state is not liable for any of those
    costs.


    Added by Acts 1987, 70th Leg., ch. 976, 1, eff. June 19, 1987.


    13.003. Free Transcript of Statement of Facts on Appeal


    (a) Subject to Subsection (c), a court reporter shall provide without cost a statement of facts and a clerk of a court shall
    prepare a transcript for appealing a judgment from the court only if:


    (1) an affidavit of inability to pay the cost of the appeal has been filed under the Texas Rules of Appellate Procedure; and


    (2) the trial judge finds:


    (A) the appeal is not frivolous; and


    (B) the statement of facts and the clerk's transcript is needed to decide the issue presented by the appeal.


    (b) In determining whether an appeal is frivolous, a judge may consider whether the appellant has presented a substantial
    question for appellate review.


    (c) The trial judge may order a clerk of a court to prepare a transcript, or any part of the transcript, necessary for making the
    determination required by Subsection (a)(2).


    Added by Acts 1993, 73rd Leg., ch. 861, 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 467, 1, eff. Sept.
    1, 1997.

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