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Writ of Possession not served

  • Thread starter Thread starter PrincessLia
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PrincessLia

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What is the name of your state?What is the name of your state? Texas

Questions?:
If Writ is not served, meaning not signed or acknowledged by myself, does that 24 hr. clock start to 'legally' tick at the posting of writ on the door?
Does the officer have authority to enter house when executing Writ of Possession on Friday, the 16th, if I am away from the house moving personal property to storage?
Does the officer usually execute writs on the weekend or does he wait till Monday?
Does the officer have authority to be flexible with granting more time to move personal property?

Facts:
"Writ of Possession" taped to my door with a "Final Notice" on 7-15-04 at approx. 1:00pm.
This is from a foreclosure, writ was issued 07-14-04, was not received by myself meaning I never knew the officer came to my door and knocked and taped it to the door for me to find 2 hrs. later. On the "Writ", all fields for the officer to complete were still blank. I signed nothing. The unsigned fields are:

Received :​
Executed :​
Time :​
How Executed :​
Signed by : (meaning the officer)​

"Final Notice" states to vacate by 24 hrs from posting of Writ or Writ will be executed by officer who may forcibly remove occupants and have personal property removed as well at occupant's expense. Notice is signed by officer on 7-15-04. Writ is signed by Justice of the Peace on issued date of 7-14-04.
 


HomeGuru

Senior Member
PrincessLia said:
What is the name of your state?What is the name of your state? Texas

Questions?:
If Writ is not served, meaning not signed or acknowledged by myself, does that 24 hr. clock start to 'legally' tick at the posting of writ on the door?
Does the officer have authority to enter house when executing Writ of Possession on Friday, the 16th, if I am away from the house moving personal property to storage?
Does the officer usually execute writs on the weekend or does he wait till Monday?
Does the officer have authority to be flexible with granting more time to move personal property?

Facts:
"Writ of Possession" taped to my door with a "Final Notice" on 7-15-04 at approx. 1:00pm.
This is from a foreclosure, writ was issued 07-14-04, was not received by myself meaning I never knew the officer came to my door and knocked and taped it to the door for me to find 2 hrs. later. On the "Writ", all fields for the officer to complete were still blank. I signed nothing. The unsigned fields are:

Received :​
Executed :​
Time :​
How Executed :​
Signed by : (meaning the officer)​

"Final Notice" states to vacate by 24 hrs from posting of Writ or Writ will be executed by officer who may forcibly remove occupants and have personal property removed as well at occupant's expense. Notice is signed by officer on 7-15-04. Writ is signed by Justice of the Peace on issued date of 7-14-04.

**A: ask the officer that serves the writ to you. I hope you are all packed and ready to move.
 

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