--- title: "Texas Eviction Process and Court Timeline | MCC Solutions" description: "Texas eviction court steps: Justice Court, answer At the hearing, writ 6 to 60 days, lockout 24 hours, sheriff or constable. From official pages, with the earli" url: "https://mcc-solutionsnj.com/tools/eviction-process-texas" --- Eviction process · Texas # Texas eviction process and court timeline What happens after the landlord files: court, filing fee, hearing after filing, time to answer or appear, judgment to writ, writ to lockout, who carries out the lockout and right to counsel (statewide), from the state's own pages. **Short answer.** Cases go to the Justice Court. A written answer isn't required; the tenant may file one on or before the trial day. Who carries out a lockout: sheriff or constable. ## At a glance Court Justice Court. The justice court for the precinct where the rental is. "The petition must be filed in the precinct where the premises is located." Source 1 Filing fee $54 justice court filing fee in both county fee lists read (Gillespie and Taylor), plus a constable service fee for each defendant that varies by county ($80 in Taylor County, $85 in Gillespie County). "Filing fee = $54.00" Source 3 Hearing after filing Trial is set 10 to 21 days after the petition is filed (cases filed on or after January 1, 2026). "must not be less than 10 days nor more than 21 days after the petition is filed." Source 1 Time to answer or appear A written answer isn't required; the tenant may file one on or before the trial day. "on or before the day set for trial in the citation." Source 1 Judgment to writ No writ of possession may issue before the 6th day after judgment, or more than 60 days after it. "no writ of possession may issue before the 6th day after the date a judgment for possession is signed" Source 1 Writ to lockout The constable posts a 24-hour notice before carrying out the writ of possession. "The constable posts a 24-hour notice before executing the writ" Source 3 Who carries out the lockout Sheriff or constable. A sheriff or constable executes the writ; if not served within five business days, another officer may. "The writ must be executed by a sheriff or constable." Source 1 Right to counsel (statewide) No statewide right to counsel for tenants in eviction cases (as of November 2026, per the National Coalition for a Civil Right to Counsel): its tracker of enacted laws lists no statewide law here. "An eviction right to counsel is created by an enacted law that, at a minimum:" Source 2, National Coalition for a Civil Right to Counsel (secondary source) ## Sample timeline: filed Monday, December 7, 2026 **Earliest under the statute; courts' calendars often take longer.** Need the other side served? [Process serving with an affidavit of service](/notary/process-serving). - **Answer or appear:** Thursday, December 17, 2026 - **Hearing or trial:** Thursday, December 17, 2026 - **Judgment:** Thursday, December 17, 2026 - **Writ or warrant of possession:** Wednesday, December 23, 2026 - **Earliest lockout:** Thursday, December 24, 2026 Another date: [open the estimator](/tools/eviction-timeline-estimator?state=tx). ## Want us to handle it? A runner files your papers in person at the clerk's window and sends you a scan of the stamped copy. We file what you prepared; we don't give legal advice. **Price:** Outside New Jersey it goes through our contractor network: quote-based, confirmed before any work starts, and booked once a local contractor accepts. In New Jersey it is from $75 per filing, court fees at cost. Starting rates. Your exact price is quoted after we confirm a local notary/runner, before you pay. [Request a court filing](/notary/court-filing#request) ## Worth knowing To stay in possession during an appeal of a nonpayment judgment, the tenant pays the amount in the notice into the justice court registry and keeps paying rent as it comes due. The rules bar ordering mediation if it would delay trial. **Not stated on the pages we read:** paying to stop the case, diversion or mediation (statewide). ## Sources - [Supreme Court of Texas: Misc. Docket No. 25-9096, amendments to Rule 510 (effective January 1, 2026)](https://txcourts.gov/media/1461640/259096.pdf) (checked November 2026) - [National Coalition for a Civil Right to Counsel (secondary source): National Coalition for a Civil Right to Counsel: Enacted Eviction Right to Counsel and Eviction Defense Programs (last modified November 2026)](https://civilrighttocounsel.org/wp-content/uploads/2023/11/RTC_Enacted_Legislation_in_Eviction_Proceedings_FINAL.pdf) (checked November 2026) - [Gillespie County, Texas: Eviction Information (Justice Court)](https://gillespiecounty.gov/1382/Eviction-Information) (checked November 2026) - [Taylor County, Texas: Civil Filing Fees for Justice Court Suits](https://www.taylorcounty.texas.gov/DocumentCenter/View/80) (checked November 2026) Sourced from official pages; a few facts from vetted secondary sources, marked "(secondary source)". General information, not legal advice; we are not lawyers. Not a court form. Earliest under the statute; courts' calendars often take longer. ## Common questions **Which court hears eviction cases in Texas?** Justice Court. The justice court for the precinct where the rental is. **How long does a tenant in Texas have to respond?** A written answer isn't required; the tenant may file one on or before the trial day. **How soon after filing is the Texas hearing?** Trial is set 10 to 21 days after the petition is filed (cases filed on or after January 1, 2026). That's the statute's window; the court's own calendar decides the actual date. **When can a Texas landlord get the writ after winning?** No writ of possession may issue before the 6th day after judgment, or more than 60 days after it. **How long between the writ and a lockout in Texas?** The constable posts a 24-hour notice before carrying out the writ of possession. **Who carries out an eviction in Texas?** Sheriff or constable. A sheriff or constable executes the writ; if not served within five business days, another officer may. The officer acts on the court's order. **What does it cost to file in Texas?** $54 justice court filing fee in both county fee lists read (Gillespie and Taylor), plus a constable service fee for each defendant that varies by county ($80 in Taylor County, $85 in Gillespie County). Notice step: [notice periods](/tools/landlord-tenant-notice-periods-by-state) · Deposit step: [deposit rules](/tools/security-deposit-rules-by-state) · All states: [eviction process by state](/tools/eviction-process-timeline-by-state) · [South Carolina](/tools/eviction-process-south-carolina) · [Utah](/tools/eviction-process-utah) ## Keep rental records in order [Bookkeeping for landlords](/bookkeeping/for/small-landlords)[Call (908) 444-6373](tel:+19084446373)