- Who sends it
- The justice court issues it; a sheriff or constable serves it with the owner's sworn petition
- What it starts
- A trial 10 to 21 days after filing, and possibly a 4-day response deadline
- Do this first
- Read the first page for a summary disposition warning and count 4 days from the day you were served
What this document is in Texas
An eviction suit is heard by the justice court in the precinct where the home is (Property Code section 24.004). The court must issue a citation styled "The State of Texas." Its first page must carry a bold "Suit to Evict" notice saying the suit involves immediate deadlines, that active duty service members may have special rights, and that failing to appear for trial may result in a default judgment (Tex. R. Civ. P. 510.8).
Only a sheriff or constable may serve it at first. If they have not served it within 5 business days after filing, the owner may ask for another trained law enforcement officer to serve it (Rule 510.8(d)).
The rules and statutes are written in landlord and tenant terms. After a foreclosure, the new owner is in the landlord's place and the person still living in the home is treated as a tenant at sufferance (Property Code section 24.002).
What it does and does not mean
- It decides only who has the right to possession, not who owns the home. A claim that the foreclosure was wrongful must be brought in a separate case in another court (section 24.004(c)).
- If you do not appear for trial, the court can enter a default judgment.
- A judgment for possession is not an immediate lockout. A writ of possession cannot issue before the 6th day after judgment unless a possession bond is approved (section 24.0061(b)).
Your deadlines and how to count them
- Summary disposition: if the first page says the petition includes a motion for summary disposition, file a response with supporting facts and documents not later than the 4th day after you were served, or the court may rule for the owner without a trial (Property Code section 24.005106; Rule 510.8(b)(14)). The court may still consider a later response filed before judgment.
- Trial: the citation states the day you must appear in person, not less than 10 nor more than 21 days after the petition was filed (Rule 510.8(b)(10)).
- Jury: you can ask for a jury by paying the fee no later than 3 days before trial or 3 days after service, whichever is later (Rule 510.8(b)(12)).
- Appeal: file a bond, cash deposit or statement of inability to afford court costs with the justice court not later than the 5th day after the judgment is signed (section 24.005107).
- How to count: do not count the day that starts the period, count every day including weekends and holidays, and if the last day is a weekend or holiday, move to the next day that is not (Rule 510.4; section 24.0042).
What to do this week
- Mark the trial date and any 4-day response date. Go to court on the trial date even if you plan to move.
- Contact legal aid through the TexasLawHelp Legal Help Directory, or call the State Bar of Texas at 1-877-9TEXBAR, the number printed on the citation, for help finding a lawyer.
- If you or a household member is on active duty, tell the court and the owner in writing.
- Plan your move and protect your belongings. When a writ is served, the officer posts a warning on the front door at least 24 hours ahead and can then remove people and place belongings outside (section 24.0061(d)).
- Read after a foreclosure sale in Texas and the national writ of possession page.
The rest of the Texas process
See how foreclosure works in Texas, the timeline, ways to stop it and free help in Texas, or read the national guide to this letter.
Common questions
How fast can a Texas eviction after foreclosure move?
The trial is set 10 to 21 days after the petition is filed (Tex. R. Civ. P. 510.8). If the owner wins, a writ cannot issue before the 6th day after judgment, and the officer must post a warning at least 24 hours before removal (Property Code section 24.0061).
What is summary disposition in a Texas eviction?
A process added effective January 1, 2026 that lets the court enter judgment without a trial if there are no genuinely disputed facts. To prevent that, file a response with supporting facts and documents not later than the 4th day after you are served (Property Code section 24.005106).
Can I argue the foreclosure was wrong in the Texas eviction case?
The justice court decides only possession, not title, and counterclaims are not allowed (Property Code section 24.004(c)). A claim about the foreclosure itself must be filed as a separate case in another court, so talk to a lawyer quickly.
Other Texas letters
- Notice of DefaultIn Texas, the first required foreclosure letter is a notice of default sent by certified mail. It gives you at least 20 days to cure (pay what is past due) before a notice of sale can be given. The clock starts when the letter is mailed, not when you pick it up.
- Citation in a Rule 736 expedited foreclosure caseFor a Texas home equity loan, the lender needs a court order before it can sell. It asks for one in a fast Rule 736 case, and the court clerk mails you a citation. Your response is due the first Monday after 38 days from the mailing date on the citation. If you do not respond, the lender can get an order without a hearing.
- Notice of sale (Notice of Trustee's Sale or Notice of Substitute Trustee's Sale)A Texas notice of sale says your home will be auctioned on the first Tuesday of a month, at a time and place it names. It must be mailed to you by certified mail, posted at the courthouse door and filed with the county clerk at least 21 days before the sale. Time is short, and the sale is usually final when it happens.
- Notice to vacate after a foreclosure saleAfter a Texas foreclosure sale, the new owner must give you a written notice to vacate before it can file an eviction case. It is usually at least 3 days, unless your deed of trust sets a different period. It is not a court order, and you cannot be removed without one.