What Happens When a Constable Posts a Possession Notice During a Texas Eviction Appeal?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I had an eviction hearing recently. The judge denied my motion about a conflicting probation hearing, even though I sent a document proving I still had that hearing and gave a copy to the plaintiff. I appealed, but I missed paying into the court registry. I filed a motion to stay, and the county constable posted a notice on my door for possession. Tomorrow is a court holiday. What will happen?
Attorney Answer
A posted notice of possession is serious and time sensitive, so the most important thing right now is reaching a Texas eviction attorney or legal aid office today, before anything else.
Eviction cases in Texas start in justice court under Property Code Chapter 24. If you lose and want to appeal to county court, Texas Rule of Civil Procedure 510.19(a) requires you to perfect the appeal within five days after the judgment is signed by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs. Rule 510 was rewritten for eviction suits filed on or after January 1, 2026 — if your suit was filed before that date, the same five day deadline sits in the older Rule 510.9, which now covers a landlord's request for immediate possession instead. Separately, Texas law generally requires a tenant who has appealed to keep paying rent into the court's registry while the appeal is pending. If that payment is missed, the landlord can ask the county court for possession without waiting for the full trial of the appeal, which sounds like what may have happened here.
Once a judgment for possession exists, the landlord can request a writ of possession. A constable posting a notice on your door usually means a writ has already been issued, and the notice period the law requires before removal is typically short, so this needs immediate attention rather than a wait and see approach. Do not assume a holiday changes the timeline. Court and constable schedules vary by county, so confirm the exact status directly rather than guessing.
What you can do
1. Call a Texas eviction defense attorney or your local legal aid office today, even on a holiday. Many offer emergency intake. 2. Bring every document you have to that call: the judgment, your motion to stay, proof of the probation hearing conflict, and the notice from the constable. 3. Confirm the exact status and timing of the writ directly with the constable's office or the county court clerk. 4. Ask specifically whether your motion to stay has been ruled on, and whether an emergency hearing can be set before the writ is executed.
This is general legal information, not legal advice, and a Texas landlord-tenant attorney can review your case file today and tell you exactly where things stand and what emergency options remain.
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Courts & Legal Aid in Texas
- File or look up a case through the Texas Judicial Branch, which serves the state.
- Get free civil legal help from TexasLawHelp.
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- Use the LawHelp.org to browse free legal information and self-help resources.
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Frequently Asked Questions
What does it mean if I missed paying into the court registry during my eviction appeal?
It generally means you did not pay the required rent amount into the court's registry while your appeal was pending. Texas law allows the landlord to ask the court for possession when that payment is missed, without waiting for the full trial of your appeal.
Can I stop a writ of possession once it has been posted?
It is difficult but sometimes possible with an emergency motion, especially if there is a procedural problem with the case or the registry payment. This is very time sensitive, so you need a lawyer's help immediately rather than trying to resolve it alone.
Does a holiday delay an eviction or writ of possession in Texas?
Not necessarily. Court and constable schedules vary by county and holiday, so do not assume a holiday buys you extra time. Confirm directly with the constable's office or county clerk.
