FILING AN EVICTION
be filed in the county and precinct where the property
is located. Complete the Eviction Form and have it
notarized or sign it in front of one of the Court
Clerks. You will be given a court date when you file
your eviction with the Court.
DEFENDANT'S OPTIONS AFTER EVICTION
After court you have five days, to vacate the property or appeal your case.
You have the right to appeal the decision to a higher court of law. You must file your appeal by close of business, 4:30 p.m. on the legal fifth day. To file an appeal you must write out why you believe you've been wrongfully evicted, if you are the defendant, and post a bond.
You must post a bond equal to 2 times the amount of the Judgment against you. (ie: Judgment of $1,000 would equal a $2,000 appeal bond). You must also pay a $16.00 appeal filing fee at this court. You may use either of the following bonds for your appeal:
You may also choose to file an Affidavit of Inability to Pay Costs for Appeal. This requires completion of a form that we have available. The other party involved in your lawsuit has the right to contest this action, and the Judge may require attendance at another hearing before granting your
"Inability to Pay Costs" request. When filing a Pauper's Affidavit you must also pay 1 month's rent into this Court's registry (no exceptions) and keep your rent current by paying at the first of each month to the Denton County Clerk. (2 month's rent must be paid at this Court if your rent comes due before the appeal is perfected.)
- Surety Bond: Provided by a Bonding Company.
- Signature Bond: Must have 2 signatures of people with available funds to pay judgment if you lose at the County level. Signatures must be from 2 people who do not live with you or share your bank account, and who also live in Denton County. We have a form available.
If you have not filed an appeal then you MUST vacate the property by midnight on the fifth day.
If you do not vacate the property the plaintiff/landlord can come to the Court as early as the sixth day to file a Writ of Possession. Because of the hearing that granted possession of the property to the Plaintiff, the Writ would be granted and sent to the Constable's office. The Constable's office would notify you of the writ and after 24 hours, at their discretion and in cooperation with your landlord, your possessions would be removed from the property.