Eviction Appeals Information Packet For Nonpayment of Rent (Instructional Video)

This video is designed to help you if you’ve lost an eviction case in Justice Court and want to appeal to County Court. These instructions are for people who were evicted for not paying their rent in Texas.

Eviction Appeals Information Packet For Nonpayment of Rent – Welcome to Lone Star Legal Aid’s instructions on how to appeal your eviction. This video is designed to help you if you’ve lost an eviction case in Justice Court and want to appeal to County Court. These instructions are for people who were evicted for not paying their rent in Texas.

Do You Want To Appeal Your Case But Can’t Afford Court Costs? – You can appeal your case even if you can’t afford to pay the court costs. You still need to pay rent during the appeal. To appeal your case, there are several steps in the process. There are strict deadlines, and you need to file all documents on time. Here are the steps:

Calculate The Deadline – First, you need to calculate the deadline to file. You Have Five Days (5) From The Day You Lost The Case To File Your Documents. The date the court signed the judgment is the date you lost the case. Look for this date on the judgment you got from the court.

Do not wait to file these documents. If the last day for filing is on a day the court is closed before 5:00 p.m., like a weekend or holiday, the time period is extended to the court’s next business day.

Statement Of Inability To Afford Payment Of Court Costs Or An Appeal Bond In Justice Court – The court will not charge you court costs if you successfully fill out the form called the Statement of Inability To Afford Payment Of Court Costs Or An Appeal Bond In Justice Court. If you don’t have a copy of this document, you can download one from the web or get a copy from the court.

You will need to fill out the document as best as possible, even putting $0 where it applies. You may have to prove to the court that you cannot pay. If you were eligible for legal services, but were turned down, you can give the court the letter showing that you qualify for free legal services as evidence. Be prepared to answer any questions about the information you put on this document.

Fill Out And File The Defendant Answer Document – Next, you need to fill out and file the Defendant Answer Document. If you don’t already have one, you can get a copy of this document from the Texas Law Help website, texaslawhelp.org. Search for “Eviction Answer”.

Fill Out The Certificate of Service And Serve the Documents – You must send a copy of your Answer to the Plaintiff. This means you need to give the Answer to the Plaintiff or the Plaintiff’s attorney if they have one. You can give them a copy by hand, mail, or fax. If you and the Plaintiff agree, you can email them a copy.

Before you give the Plaintiff a copy, you also have to tell the court what method you used to send the answer to the other side. On the Answer document, under certificate of service, check the box next to the method you used to send the Answer to the other side. Fill out and sign this section before you send it to the other side.

All These Documents Above Must Be Filed With The Justice Court – You must file the Statement of Inability to Afford Payment of Court Costs or an Appeal Bond, the Defendant Answer, and any other documents important to your case in the justice court that signed the judgment.

You can find the court information on the heading of the judgment document. You can call the court to ask how they want you to file these documents. They will probably tell you to file them at the court or online.

Your Appeal Will Be Assigned To A County Court – Your Appeal Will Be Assigned To A County Court. After your appeal is assigned to a county court, you will get a notice with the case number and the court where your case will be heard. Once you file your appeal, this will stop your landlord from getting the writ of possession and removing you from the home until your case can be heard in county court. This can give you more time to find a new place to live.

The Court Will Assign A Hearing Date That You Must Attend – The County Court will assign a hearing date that you must attend. You will get notice of the hearing date assigned by the court. You must attend the hearing on this date, prepared to argue your case in front of the judge.

Paying Rent During An Appeal – If you do not pay your rent during the appeal process, the court may allow your landlord to remove you from the property. The justice court notice will tell you how much you will need to pay, when to pay it, and how to pay it. You need to pay your rent on time to the county court, and you will need to continue to pay rent as it is normally due (typically on the first of the month) if the appeal takes that long. You will not have the grace period allowed in your lease. However, the court gives you 5 days from the date your rent is due to get the payment to the court registry. For example, if your rent is due on the 1st of every month, you will have to pay it on that day or within 5 days from the 1st of the month.

We hope this information has been helpful. If you have not applied for free legal help, visit https://www.Lonestarlegal.org. You can apply online or over the phone.