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This document outlines the procedure for filing a motion for an order of possession in a court case, detailing the steps necessary for the U.S. Marshal to execute the order and remove occupants from

How to fill out instructions for filing a

How to fill out Instructions for Filing a Motion for Order of Possession

1. Begin by obtaining the required form for the Motion for Order of Possession from your local court or online.
2. Carefully read the instructions provided with the form to ensure you understand the requirements.
3. Fill out the form with accurate information, including the names of the parties involved, case number, and details of the property in question.
4. Clearly state the grounds for requesting the order of possession in the designated section of the form.
5. Attach any necessary documentation or evidence that supports your motion, such as a lease agreement or previous eviction notices.
6. Review the completed motion for any errors or omissions before signing and dating it.
7. File the motion with the appropriate court clerk’s office and pay any required filing fees.
8. Serve a copy of the filed motion to all parties involved in the case as required by local rules.
9. Prepare for the court hearing by organizing your evidence and practice your presentation.

Who needs Instructions for Filing a Motion for Order of Possession?

1. Landlords seeking to regain possession of a rental property after a tenant's noncompliance with lease terms.
2. Property owners needing legal recourse to retrieve their property from a tenant who has not vacated.
3. Individuals or entities involved in eviction proceedings who require formal documentation to pursue an order of possession.

People Also Ask about

Who executes the writ of possession in Texas?

(h) A sheriff or constable may use reasonable force in executing a writ under this section. (i) A landlord is not liable for damages to the tenant resulting from the execution of a writ of possession by an officer under this section.

What is the standard possession order for Thanksgiving in Texas?

Thanksgiving: In Texas, non-custodial parents have visitation (possession) for Thanksgiving in odd-numbered years beginning at 6:00 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6:00 p.m. on the following Sunday or Monday if the order allows for extended possession.

How does summer possession work in Texas?

The non-custodial parent is given 30 consecutive days of possession of their children during the summer and has until April 1 to provide written notice of their chosen dates to the other parent. If the non-custodial parent fails to provide notice, the default period is July 1st through July 31st.

What is the most common child custody arrangement in Texas?

Texas Expanded Standard Possession Order Calendar 2025 An SPO for the noncustodial parent without elections includes the 1st, 3rd, and 5th weekends of every month. Possession lasts from 6 PM on Friday to Sunday at 6 PM with two hours on Thursdays during the school year.

What is the standard possession order for spring break in Texas?

Under the Standard Possession Order, parents who live within 100 miles of each other alternate years for spring break visitation. Kids stay with the custodial parent in odd-numbered years during spring break. In even-numbered years, the non-custodial parent gets the kids for spring break.

What is the standard holiday possession order in Texas?

Terms of the basic SPO allow the noncustodial parent to have possession of the child a couple of hours every Thursday night; on the first, third and fifth weekends of each month; on alternating holidays, and at least one month in the summer.

What does a 70/30 split look like?

There are several arrangements that are more popular than others, including legal custody, physical custody, sole custody, joint legal custody, and sole legal custody. Of these, joint legal custody is the most common custody arrangement.

For pdfFiller’s FAQs

What is Instructions for Filing a Motion for Order of Possession?

Instructions for Filing a Motion for Order of Possession are guidelines that outline the steps a landlord or property owner must take to legally regain possession of a rented property from a tenant who has not vacated.

Who is required to file Instructions for Filing a Motion for Order of Possession?

Typically, a landlord or property owner is required to file these instructions when seeking legal possession of their property from a tenant who has violated the lease agreement or failed to pay rent.

How to fill out Instructions for Filing a Motion for Order of Possession?

To fill out the instructions, a landlord must complete the required forms with relevant information about the property, tenant, and reason for the motion, and ensure all required signatures and notations are included.

What is the purpose of Instructions for Filing a Motion for Order of Possession?

The purpose is to provide a legal framework for landlords to follow when seeking to evict tenants and reclaim their rental property while ensuring compliance with applicable laws.

What information must be reported on Instructions for Filing a Motion for Order of Possession?

The information that must be reported typically includes the name of the landlord and tenant, property address, specifics of the lease agreement, reasons for the motion, and any prior notices served to the tenant.