The writ and the lockout
The last mile. It is where the money spikes, where the legal risk spikes, and where the biggest practical surprise lives: the constable does not move anything. You do.
Do not change the locks. Do not shut off any utility. Do not remove or touch the tenant's property.
Winning does not create a right to self-help. A lockout outside the court process exposes you to actual damages, one month's rent plus $1,000, attorney's fees and court costs Tex. Prop. Code § 92.0081 — and interrupting utilities carries its own equivalent penalty. Tex. Prop. Code § 92.008 Do not hand your tenant a counterclaim in the final week of a case you have already won.
When a writ can issue
A writ of possession may not issue before the sixth day after the judgment for possession is rendered, unless a possession bond was filed and approved. Tex. Prop. Code § 24.0061(b) In practice you also wait for the five-day appeal window to close, so the later of the two governs. The deadline calculator works this out from your judgment date.
New under S.B. 38: "The issuance of a writ of possession is a ministerial act not subject to review or delay." Tex. Prop. Code § 24.0061(b-1) Once you have properly demanded it and paid the fee, the court issues it. This is a genuinely useful sentence to know if you meet resistance.
Before you file the request
Your request will state, as fact, that no appeal was perfected and no motion to set aside was filed. Re-check the docket the morning you file so that is actually true. Filing a request that misstates the record is worse than filing a day late.
After it issues
- The officer must serve the writ within five business days of issuance. If they do not, you may have it served by another appropriately trained law enforcement officer. Tex. Prop. Code § 24.0061(b-1)
- The officer posts a written warning on the exterior of the front door at least 24 hours before executing. Tex. Prop. Code § 24.0061(d)(1)
- On execution, the officer delivers possession to you, instructs the tenant to leave and to remove their property, and places remaining personal property outside the unit at a nearby location — not blocking a public sidewalk, passageway or street. Tex. Prop. Code § 24.0061(d)(2)
The posted warning gives a deadline, not an appointment. Reading it as an appointment is how people book a crew for the wrong day.
Call the constable's office and ask plainly: "Is execution set for [day] or [day], and what time should my crew be on site?" Do not book anyone until you have that answer.
Weather can stop it
Personal property may not be placed outside while it is raining, sleeting or snowing. Tex. Prop. Code § 24.0061(d)(2)(D) Some municipalities provide a container alternative, but do not count on one.
Check the forecast and have a backup day arranged with your crew. A rained-out set-out with three workers standing in a driveway is an expensive way to learn this.
You supply the labour — this surprises everyone
The officer supervises and keeps the peace. The officer does not carry furniture. If the property is not empty, you need people, and you need them confirmed before the day.
What the job actually is
Labour only. No truck, no transport. Workers carry everything from inside the house to the front yard or driveway. For a typical single-family home, roughly three to four workers for two to four hours. Labour-only pricing is far below full-service moving, so say so explicitly when you book.
Where to find a crew
Deliberately no vendor names here — prices and availability change, and this is not an endorsement business. The categories that work:
- Day-labour staffing agencies. Usually the cheapest. Watch their hours — many are closed at weekends, which matters when the constable sets a Friday or Monday.
- Junk-removal and cleanout companies. Set-outs are core business for them, so they rarely refuse the work. Choosing one close to the property removes travel time and improves your odds of same-day availability.
- Labour-only marketplaces. More expensive, but they let you filter for crews that explicitly list day-labour and same-day work.
- Ask the constable's office. Most keep an informal list of crews they see regularly. Often the cheapest and most reliable source, because those crews already know the drill. This is the first call I would make now, and the last one I thought to make then.
Full-service movers will usually decline eviction work. They are still worth one call — ask who they recommend for set-outs.
How to ask, so you are not refused or overcharged
Say "court-ordered" and "the constable will be on site" early — it removes their liability worry. Say "no truck needed" — it lowers the price. Have the writ ready; some will ask to see it.
Get confirmed in writing: date, arrival time, worker count, hourly rate, and minimum hours. Then re-confirm by text the night before.
Bring on the day
- Crew, confirmed the night before
- Locksmith, or rekey kits and a drill
- Boxes, contractor bags, gloves, box cutters, dollies
- Phone fully charged — video walkthrough before, during and after
- A copy of the writ and the signed judgment
- Payment for the crew, in whatever form you agreed
A continuous video walkthrough before the crew starts, during, and after the locks are changed is the cheapest insurance available. Nearly every post-lockout dispute is about the condition of the property or what happened to someone's belongings, and video ends those arguments before they begin.
Once the officer completes execution
Now — and only now — change the locks. Then inventory and photograph any damage the same day, while the officer's involvement is still contemporaneous.
Remember that a security deposit accounting obligation runs on its own statutory deadline and is not extinguished by winning an eviction. Handle it properly; it is an easy and unnecessary way to end up back in court.