This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
After a judgment of possession is rendered by the court, the judge may then issue a writ of execution to begin the transfer of property. The judgment for possession states the plaintiff has a right to the property; the writ of execution actually begins the transfer process from a judgment debtor to a plaintiff.
The sheriff will give the tenant 5 days to move The sheriff will serve the tenant with a Notice to Vacate (move out) from your home. This gives your tenant 5 days to move out. If they don't move, the sheriff will remove them from the home and lock them out.
A writ of possession is issued to evict an occupant from the property. The dispossessory complaint is filed under oath by the owner (landlord), testifying to the unlawful possession of the owners property by a tenant. The relationship between the parties must be Landlord and Tenant.
For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).
The process of starting a replevin action usually begins with filing a complaint. It also requires filing an affidavit in the county or district court where the property is. The affidavit: States that the plaintiff claims rightful ownership or entitlement to possession of the property.
Eviction Cases are governed by Rules 500 – 507, and Rules 510.1 0 510.13, Texas Rules of Practice in Justice Courts. Eviction Cases must be filed in the Justice Court in the Justice of the Peace Precinct in the county in which the real property is located. See Section 24.004, Texas Property Code.
Application For Writ of Possession (CD-100) Tells a party being sued (the defendant) that the party who is suing (the plaintiff) is asking the court for a writ of possession (an order telling the sheriff to take and hold property that the plaintiff claims is theirs but that the defendant is wrongly keeping).
Request for Court Order and Answer (SC-105) Ask a judge to make a decision about something before or after your Small Claims trial date. You can also use it to tell the court your side when someone else in the case has filled out this form to ask the judge to make a decision.
Procedure for Obtaining, in Court, a Writ of Replevin The filing of a complaint begins a replevin action. As in other civil actions, the defendant is brought into Court by the service of the summons and the complaint. If the plaintiff establishes the cause of action, the Court must enter an Order granting possession.
Tells the sheriff to take action to enforce a judgment. Used with instructions to the sheriff to levy bank accounts, garnish wages, or take possession of personal property.