Eviction Answer & Appeal (Instructional Video)

This video will give you instructions on filing your eviction appeal answer.

It is important to file your eviction answer with the court when appealing your case. Here are the steps to fill out the eviction answer document:

Step 1, Check the boxes for your defenses. The document will have a list of defenses that may apply to your case. Read each defense to see if it applies to your case. You may select more than one defense. Here is an example of the defense box.

Step 2, Enter any additional information. You may list any further defenses or information that you think the court should know about your case.

Step 3, Ask the court for a jury trial. You can ask the court for a trial by jury. Check this box if you want a jury to decide your case instead of a judge. There is a fee for this, but if you use the statement of inability to afford court costs, you will not have to pay this fee. You should ask the court for their rules for trials by jury.

Step 4, Get email notification. Select “get email notifications” if you want to receive updates on your case by email.

Step 5, Add Your Attachments. If your explanations do not fit in the form, please add it to a separate document. You will add that document as an attachment. write “see attached document.” In the space for the explanation on the form. You can also attach other evidence, such as a copy of the lease or evidence that the CARES Act applies. List a title for each attachment. For example, you can list the title of your lease as “Lease Agreement”

Step 6, Sign the document and provide your contact information.

Step 7, Give the document to the other side. You must serve the other side. This means you must give a copy of 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.

Step 8, Certificate of Service Is Required And Needs To Be Signed. You must complete the certificate of service at the end of the form. . You must send a copy of your Answer to the Plaintiff. Fill out and sign this section before you file your Answer. Check the box next to the method you plan to use to serve the Plaintiff. Then file and send a copy of the Answer on that same day, so that the date is correct.   Sign the Certificate of Service at the bottom of the document.

Step 9, File Your Documents. File the completed Answer with the court. File any attached documents with the Answer. Call the court to ask how they want you 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.

Step 10, After you file the Answer the court will assign your case a hearing date. At this hearing, the court will hear your case. You must go to court on the day assigned by the court. If you absolutely cannot show up to the hearing on that day, you must file a Motion for Continuance to ask for another date. You must have a good reason to move the court date. The court does not have to give you a new court date just because you ask. Having to work is usually not a good reason to move the court date.

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