Writ of Retrieval

If a person is unable to enter a residence or former residence to retrieve property belonging to the person or the person's dependent because the current occupant is denying the person entry, the person may apply to the Justice Court for an order authorizing the person to enter the residence, accompanied by a peace officer, to retrieve specific items of personal property according to the Texas Property Code Section 24A.002.

The applicant, under oath, must certify that the applicant or the applicant's minor dependent requires personal items located in the residence that is only of the following types:

  • medical records
  • medicine and medical supplies
  • clothing
  • child-care items
  • legal or financial documents
  • checks, bank info or credit cards in the name of the applicant
  • employment records
  • personal identification documents
  • copies of electronic records containing legal or financial documents
  • assistance or service animals used by applicant or their dependents
  • applicants’ tools, equipment, books, and apparatus used for applicant’s trade or profession

If the Judge grants the application, a bond will be set, a hearing date and time will be issued and the occupant will be served by the Constable with notice of the hearing.

If you are representing yourself, we encourage you to review the below resources.

Self-Help Legal Information Packet: Writ of Retrieval, Re-Entry and Restoration of Utilities

Writ of Retrieval, Re-Entry, and Restoration Paquete con Informacion

FORMS NEEDED:

PAYMENT AND FEES:

  • $54 filing fee
  • $75 Constable fee if the application is approved
  • $155 Constable fee if Writ of Retrieval is granted

HOW TO FILE:

  • CLICK HERE TO FILE A WRIT OF RETRIEVAL
    •     When submitting your filing please use the following guide:
      • Category : Civil - Other Civil
      • Case Type: Writ of Entry and Property Retrieval
      • Filing Code: Original Petition Filed
      • Filing Description: Writ of Retrieval