To stop a writ of possession in Texas, you generally have five days from the date the eviction judgment is signed to file an appeal, and that appeal is the single most reliable way to prevent the constable from removing you. Other options exist, including setting aside a default judgment, negotiating with the landlord, or in narrow circumstances filing for bankruptcy, but every one of them depends on acting within days of the ruling. The writ itself cannot issue before the sixth day after judgment, and once it does, the officer must post a 24-hour warning on your door before carrying out the removal.1State of Texas. Texas Property Code 24.0061 – Writ of Possession
Know Exactly How Much Time You Have
The eviction clock has several layers, and tenants routinely confuse them. The judge signs the judgment. From that signing date, you have five days to appeal. The court cannot issue a writ of possession before the sixth day after signing.1State of Texas. Texas Property Code 24.0061 – Writ of Possession Once issued, the constable or sheriff has five business days to serve it, and must then post a written warning on your front door giving you at least 24 hours before physical removal.
The appeal deadline runs from the judgment date, not from when the writ is posted. If you wait until you see a notice on your door to start looking at your options, the appeal window is already gone. Count your days from the moment the judge rules.
File an Appeal to County Court
An appeal is the strongest move because a Texas eviction appeal is a trial de novo: the county court hears the case completely fresh, as if the justice court proceeding never happened.2Texas State Law Library. Appealing an Eviction You get another chance to present evidence, call witnesses, and raise defenses. Perfecting the appeal within five days also prevents the writ from executing while the case moves up.
To perfect the appeal, you must file one of three things with the justice court within those five days:
- An appeal bond, signed by two sureties, in the amount set by the justice court in its judgment.
- A cash deposit with the court registry in the same amount, if you can’t find sureties.
- A Statement of Inability to Afford Payment of Court Costs, on the Texas Supreme Court-approved form, if you can’t afford either. The landlord has five days to challenge it, and if challenged, the county court holds a hearing on your eligibility.
The bond amount factors in the rent you’ll owe into the court registry during the appeal.3State of Texas. Texas Property Code 24.00511 – Appeal Bond for Certain Eviction Suits Once you file one of these three, your appeal is perfected and the writ is held off while the case transfers to county court.
Two things to understand about the county court trial. First, either party can request a jury. Second, the county court’s judgment on possession is final; you cannot appeal it further.4Texas Courts. Texas Rules of Civil Procedure Rule 510.10 – Trial on Appeal This is your last real chance to win on the merits, so prepare thoroughly.
Do not file a motion for new trial in the justice court. Texas rules prohibit motions for new trial in eviction cases.5Texas Courts. Texas Rules of Civil Procedure – March 1, 2026 It will be denied, and the days you spend on it come straight out of your five-day appeal window.
Keep Paying Rent Into the Court Registry
Perfecting your appeal keeps you in the unit, but only as long as you pay rent into the court registry on time. Miss a single payment and the court will issue a writ of possession immediately, without a hearing.6State of Texas. Texas Property Code 24.0054 – Tenants Failure to Pay Rent During Appeal More appeals collapse here than anywhere else in the process.
The rules work this way:
- Within five days of filing your appeal, deposit one rental period’s rent into the justice court registry.
- Each time rent comes due under your lease after that, deposit the same amount within five days of the due date, into whichever court (justice or county) is holding the case at that moment.
- Use the payment method the court specifies, which is typically cash, cashier’s check, or money order. Personal checks are usually not accepted.
The justice court must give you written notice when you file the appeal spelling out the dollar amount, due date, and accepted payment methods.7State of Texas. Texas Property Code 24.0053 – Payment of Rent During Appeal of Eviction Read it carefully and keep it. If you don’t have a written lease, the court sets the amount at the greater of $250 or fair market rent. If a government program covers part of your rent, you only owe your portion.
The money you deposit isn’t lost. The landlord can request it from the registry at any time, and each deposit discharges your rent obligation to the landlord for that period.7State of Texas. Texas Property Code 24.0053 – Payment of Rent During Appeal of Eviction You are redirecting your rent, not paying it twice.
If You Missed the Hearing, Move to Set Aside the Default
If the eviction was entered because you didn’t show up, you can ask the justice court to set aside the default judgment. Legitimate reasons include not receiving proper notice, a medical or family emergency, or the landlord filing in the wrong precinct. Missing work generally does not qualify.
The judge must rule on the motion within 21 days of signing the original judgment. If the judge hasn’t acted by 5:00 p.m. on the 21st day, the motion is automatically denied.8Texas State Law Library. The Eviction Process Filing this motion does not extend the five-day appeal deadline. If there’s any chance the motion gets denied, file the appeal at the same time so you don’t lose that path.
Negotiate Directly With the Landlord
Executing a writ costs the landlord money and time, and many landlords will consider an alternative if you come to them with something concrete. Vague promises don’t work. A written, signed agreement does.
Payment Plans
If the eviction was for unpaid rent, offer a realistic payment plan with a partial lump sum upfront. Put it in writing. Make sure the agreement explicitly states that the landlord will not execute the writ as long as you comply. Without that language, a verbal assurance means nothing when the constable arrives.
Cash for Keys
In a cash-for-keys deal, the landlord pays you a set amount to leave voluntarily by a specified date with the unit in agreed condition. A proper written agreement specifies the payment, the move-out date, the condition the unit must be in, and a mutual release of remaining claims. The landlord skips the cost and delay of a writ; you get moving money and avoid a forced removal.
Bankruptcy Rarely Stops a Post-Judgment Eviction
Filing bankruptcy triggers an automatic stay on most collection actions, but federal law carves out evictions where the landlord already has a judgment for possession. In that situation, the stay does not stop the eviction.9Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay Since you’re reading this because an eviction judgment has already been entered against you, that’s the situation you’re in.
There is one narrow workaround. If Texas law allows you to cure the monetary default behind the judgment, you can file Official Form 101A along with your bankruptcy petition and deposit with the bankruptcy court the rent that would come due in the next 30 days, by money order or cashier’s check. That buys an initial 30-day stay. To extend it, you file Form 101B certifying you’ve paid the full delinquent amount from the eviction judgment. The landlord then has 14 days to object, and if the objection succeeds, the stay dissolves.
Bankruptcy is a last resort here. The protection is short, the requirements strict, and the filing itself creates consequences that follow you for years. Use it only if you genuinely need a few weeks to cure the debt and actually have the money to do so.
If the Writ Executes Anyway
If nothing holds the writ off, the constable or sheriff posts a written warning on your front door at least 24 hours before the scheduled removal. When the officer returns, the officer delivers possession to the landlord, tells everyone in the unit to leave, and physically removes anyone who refuses.1State of Texas. Texas Property Code 24.0061 – Writ of Possession
Your belongings are moved outside, not onto a public sidewalk or into a passageway, and the removal cannot happen during rain, sleet, or snow. The officer may hire a bonded or insured warehouse to move and store the property. While the movers are still on site, you can reclaim items without charge. Once your property reaches a warehouse, you have 30 days to retrieve it before it may be sold or disposed of, and the warehouseman has a lien for reasonable moving and storage charges.1State of Texas. Texas Property Code 24.0061 – Writ of Possession
Get Help Fast
If you can’t afford a lawyer, free legal aid organizations handle Texas eviction appeals. Texas RioGrande Legal Aid and Lone Star Legal Aid serve large regions of the state and can help with filing the appeal, preparing documents, and representing you in county court.10Texas Law Help. Eviction Referral – Rent Assistance and Eviction Protections The Texas State Law Library publishes a free online guide with the forms and court rules you’ll need.8Texas State Law Library. The Eviction Process Local housing authorities and community groups sometimes have emergency rental assistance that can help you cure the underlying debt, which strengthens both negotiation and any legal defense.
Given the five-day deadline, calling a legal aid organization the same day you receive the judgment is not overreacting. It’s the pace this process requires.