# What Happens When an Eviction Is Filed in Texas? > From notice to vacate through JP court judgment to a permanent record — the full Texas filing path and screening impact. URL: https://evictionfriendlyapartments.com/guide/what-happens-when-an-eviction-is-filed-in-texas/ Last-Modified: 2026-07-10 Understanding exactly what happens when an eviction is filed against you in Texas — from the first notice through the permanent screening record — helps you make better decisions at each stage. Here’s the full path. ## Stage 1: Notice to vacate Before filing, the landlord must serve a notice to vacate. Under Texas Property Code: - **Unpaid rent**: 3 days notice minimum (unless lease specifies longer) - **Holdover after lease end**: 3 days notice - **Lease violation**: 3 days after cure demand Under SB 38 (2026), notice delivery is standardized — if you received it via any documented method, it counts. **What you can do at this stage**: cure the issue (pay the rent, remedy the violation, vacate voluntarily). Landlord may still file if they choose, but curing may cause them not to. ## Stage 2: Eviction suit filed at JP court If you don’t cure or vacate, landlord files the eviction suit at the Justice of the Peace court in the county where the property is located. Filing fee typically $50-$100. **Immediate effect**: your name and address appear on the JP court’s public docket. This is when the record starts. **What you can do**: consult a legal aid organization immediately. Texas Legal Services Center (855-270-7655) or your local RioGrande / Lone Star Legal Aid office. ![Texas JP court filing stamp](/images/misc/texas-jp-court-filing-stamp-on-eviction-suit-docum.webp) ## Stage 3: Citation and service Court issues a citation and sets a hearing date. Constable or process server delivers to you. Under SB 38, service via door-posting with photo documentation is sufficient if personal delivery fails. **Hearing typically scheduled**: 6 to 10 days after filing. **What you can do**: prepare defenses (improper notice, wrong party, tender of rent, retaliation). If you have legal representation, brief them on your case. ## Stage 4: Court hearing (or summary disposition) At the JP court hearing, the judge hears both sides. Under SB 38, in clear-cut cases the landlord can request summary disposition — judgment without full trial — if you don’t file a substantive response. Outcomes: - **Judgment for landlord**: you owe possession and possibly money damages - **Dismissed with prejudice**: case is closed, cannot be refiled - **Dismissed without prejudice**: case is closed, could theoretically be refiled - **Nonsuited**: landlord withdrew the case - **Judgment for tenant**: rare, but possible with strong defenses **What you can do**: appear at every hearing. Non-appearance often results in default judgment against you. ## Stage 5: Appeal window (5 days) You have 5 days after judgment to file an appeal at County Court at Law. Under SB 38, you must deposit ongoing rent into the JP court’s registry during the appeal. **Cost**: appeal bond OR pauper’s affidavit, plus registry rent payments. **What you can do**: file only if you have real defenses to raise and the cash flow to sustain rent-into-registry. Appeals reset the case for de novo review. ## Stage 6: Writ of possession and lockout If no appeal (or appeal loses), landlord requests writ of possession from JP court. Constable executes the writ — physically ensures you vacate. **Typical timing**: 12-15 days after judgment. **What landlord CANNOT do**: change locks or remove belongings without the writ. **What you can do**: retrieve belongings within the notice period; provide forwarding address in writing. ![Screening report showing eviction judgment](/images/misc/tenant-screening-report-showing-recent-eviction-ju.webp) ## Stage 7: The record enters screening databases Screening companies (LexisNexis primarily, then SafeRent, CoreLogic, etc.) pull JP court records on a regular schedule — typically weekly. Your eviction filing enters these databases within 2 to 6 weeks after the filing. Once in the databases, your filing appears on any tenant screening report a landlord orders about you. ## Stage 8: Adverse action notices (if you’re denied) If a future landlord denies you based on the screening report, they must send you an adverse action notice within 30 days under the FCRA. The notice names the screening company and gives you dispute rights. Our dispute guide [/guide/how-to-dispute-an-eviction-on-your-screening-report/ →](/guide/how-to-dispute-an-eviction-on-your-screening-report/) covers what to do with an adverse action notice. ## Stage 9: The 7-year screening window Under the Fair Credit Reporting Act, tenant screening reports generally cannot report eviction filings older than 7 years. In year 7 from filing date, the screening record should drop off (though the court record remains permanent). ## What NEVER happens - The JP court record does not get sealed (Texas has no expungement) - Paying the balance does not remove the filing (updates status, doesn’t remove) - Time alone doesn’t erase the court record (7-year rule is for screening reports, not court records) ## What you can control after a filing - Balance status: paying it updates to “satisfied” - Screening report accuracy: dispute inaccuracies via FCRA - Your next rental: start planning immediately, don’t wait If you’re facing an eviction filing now, focus on: 1. Legal representation (Texas Legal Services Center: 855-270-7655) 2. Direct landlord negotiation for a settlement or move-out agreement 3. Planning your next housing search (see our home page [/ →](/) — free service starts once you know your record) **This guide is not legal advice. For legal help with an active Texas eviction case, consult a licensed Texas attorney or legal aid organization.** ## Frequently Asked Questions ### Does a filing become a record even if I win? + Yes — the filing is public even if dismissed or ruled in your favor. The court record captures the filing itself; the outcome is a note on the record. ### How quickly does the eviction show on screening reports? + Typically 2 to 6 weeks after filing. Screening companies pull JP court records regularly and update their databases. ### Can I stop the record from being created? + Only by preventing the filing entirely — through direct landlord negotiation or curing the underlying issue before the case is filed. ## Related Guides ### 10 Mistakes Renters With Evictions Make on Applications (And How to Avoid Them) The 10 costly mistakes renters with evictions make when applying — and exactly how to avoid each and stop wasting fees. [10 Mistakes Renters With Evictions Make on Applications (And How to Avoid Them) →](/guide/10-mistakes-renters-with-evictions-make-on-applications/) ### Can You Be Denied Housing for a Dismissed Eviction in Texas? Why dismissed filings still appear and get renters denied — and how to prove the dismissal to leasing offices. [Can You Be Denied Housing for a Dismissed Eviction in Texas? →](/guide/can-you-be-denied-housing-for-a-dismissed-eviction-in-texas/) ### Can You Get an Eviction Expunged in Texas? (2026 Update) Texas has no way to seal or expunge an eviction. HB 2909 died in committee. Why it's permanent and what to do instead. [Can You Get an Eviction Expunged in Texas? (2026 Update) →](/guide/can-you-get-an-eviction-expunged-in-texas/) ### How Eviction Records Work in Texas: Court Records vs. Screening Reports vs. Credit Reports The three record systems untangled: JP court records (permanent), screening reports (7-year FCRA), credit reports (debt only). [How Eviction Records Work in Texas: Court Records vs. Screening Reports vs. Credit Reports →](/guide/court-records-vs-screening-reports-vs-credit-reports/) ## Don't Get Denied Again. Talk to a Texas Expert Today. Get your verified list of eviction-friendly Texas apartments within hours, not days. Free to you, always. Get My Free List [/contact/ →](/contact/) Call 808-213-6770 [tel:808-213-6770 →](tel:808-213-6770)