constable eviction

[jesscoff]

What is the name of your state (only U.S. law)? TX

tuesday, i will be evicted by a constable. which i understand, i was not able to attend court as i was in the hospital suffering a miscarriage.

my question is, even though i missed my court date, can i ask for an extension for a few days this close to the evict date? court was last thursday(may 13). evict date is tuesday may 18. i tried calling friday, but no one could give me an answer.

also, i have not gotten anything from the court, just an email from my LL saying "Judge listened to me and you weren't there. they'll evict you tuesday, or are you going to move before then". i have almost all the money to pay him. my neighbor is going through this also, but even though she has been evicted by our landlord, like three times since i've known her, he is allowing her to pay him, and he will report to the court that she paid. we've never been late before, until march. may was the 1st month we could only pay half. i asked if as long as we get his money to him before the evict date, will he let us stay? he said no. i asked the court, and they said yes.

so, i don't know what to do! if i pay him, i cannot move if he won't let me stay. if he let's me stay, i can pay him. either way, i'm damned. we helped pay for a family's memorial service, not knowing my husband wouldn't have any offshore time for him. we're at a loss, and unsure how this works. the landlord hasn't talked to us in over a month, except to drive by our house the week before court, rev up his motorcycle engine, and squeal off(i knew it was him, i was standing there when he did it, and he wasn't wearing a helmet).

 

[Gail in Georgia]

Attached are the steps to filing for/being granted an eviction in Texas.

Note the five days one has to appeal the eviction:

Texas Evictions

Also note that the eviction cannot take place until a 24 hour notice has been placed at the residence.

Gail

 

[jesscoff]

Thank you Gail.

My only confusion now, lies in the 5 days. Most everything, anywhere, is "business days", not "week days". So tomorrow I am going to file an appeal, and I have the money to put into the courts to retain the posession of the property for the time being.

Thank you very much for your reply, and especially for the link. The link talked more of how a LL would evict a T, but a google search as a follow up to that, showed me how the appeal process works.

 

[atomizer]

OMG! not wearing a helmet? you have till Tuesday to negotiate an agreement. When you do, make sure you get it in writing. Stuff like this need not be done on the last minute. I am sure you had plenty of time to resolve your differences.

 

[jesscoff]

actually, i was under the impression it was being talked through between us. i've been doing my best to pay the late fees, and the other half of this month's rent was to be paid this past friday, may 14th. i was unable to make it to court, due to being in the hospital. i have emails to the effect, that we were working on a payment schedule. He told me the day i was served by the constable (may 6) that he'd taken it to court. when i asked what was going on, since he and i had been discussing working out these payments, and that he was the one who came up with the payment schedule based on our paydates, he stated his wife added up the late fees for april and may, and decided she was going to head to court. that he was unaware. which made no sense, because HE is the one who emailed me about the court date the day the constable came by. then, after i responded and asked, he said his wife did it(they own our rental jointly).

aside from the time he emailed me, i hadn't heard from him. i would just go to his bank, and make the deposits. last time we emailed his words were "let's take care of the rents, then we will work out a schedule or addition to the rent for x months til the late fees are paid".

as i said, i'd have attempted to take care of this(appeal), but i wasn't able to get any sort of answer friday.

and i'm still unclear, wether it is 5 business days, or working days. but i will find out tomorrow.

thank you for any and all of your feedback, as it has been very helpful.