05/21/2026
What Is a Writ of Possession?
In Justice of the Peace Court, landlord-tenant eviction cases begin when a landlord, property owner, or property manager files a case with the court. Once filed, Constables serve the legal process on the defendant, providing notice of the date, time, and location of the hearing.
As we have discussed before, Constables also serve as bailiffs for Justice of the Peace Courts. Court security and civil process service are both normal and important duties of the Constable’s Office.
If the Judge rules in favor of the plaintiff, and the legal appeal period has passed, the plaintiff may request a Writ of Possession. A writ of possession is a court order that allows the Constable’s Office to return possession of the property to the plaintiff. If necessary, this may include removing all legally dispossessed occupants from the residence or business.
One of the most common questions we receive is:
“How long will this take?”
In Ellis County Precinct 3, our office policy is to attempt to schedule writs of possession as soon as our schedule allows. However, several factors must be considered.
The Constable’s Office in each Ellis County precinct is normally made up of the elected Constable and a small number of deputy constables. In Precinct 3, that includes Constable Curtis Polk Jr. and two deputy constables.
Our office balances a high volume of civil papers, evictions, small claims documents, Attorney General papers, and many other court-related duties. We also provide courtroom security, sometimes up to four days per week. Because writs of possession are scheduled in two-hour blocks, scheduling them requires careful coordination around the day-to-day operations of the office.
Another important factor is the availability of the plaintiff. Under the law, the plaintiff is responsible for having a moving crew present to remove all property from inside the residence or business at the time the writ is executed.
Weather can also affect scheduling. Since personal property is being placed outside, our office does not conduct writs of possession during inclement weather, including rain, sleet, snow, or other unsafe conditions. This is done to help protect personal property and to keep moving crews, deputies, and others safe.
With all of that said, the exact timeline can vary. Most writs are scheduled five or more days from the date they are filed, depending on scheduling availability. However, by law, a writ may be executed after it has been signed by the Judge.
Our office strives to notify the defendant in advance whenever possible. This gives the occupants time to remove their belongings and vacate the property on their own. We believe in treating every person with dignity and respect. Physical removal is only used when compliance does not occur after proper notice and opportunity to vacate.
The photo below is an example of just how busy the office can be with scheduled writs, while still balancing all other duties of the Constable’s Office.
Ellis County Constables generally follow the same process, though each precinct may have minor procedural differences.
For questions about Ellis County Precinct 3 procedures, you may contact our office at:
Ellis County Constable Precinct 3
972-825-5007
Please note that the Constable’s Office does not have clerical staff. Deputies may be in the field, in court, or serving civil process when you call. Please leave your information for a return call, or call before coming to the office to make sure a deputy is available to assist you.
Proudly serving the citizens of Ellis County Precinct 3.
