What is a 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 persona 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 are only of the following types:

  • Medical records
  • Medicine and medical supplies
  • Clothing
  • Childcare items
  • Legal or financial documents
  • Checks, bank cards or credit cards in the same name as the applicant
  • Employment records; or
  • Personal identification documents.

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.

To determine venue for your case, refer to the Texas Property Code Section 24A.002.


Show All Answers

1. What is Civil Stand-By?
2. What is a Writ of Re-Entry?
3. What is a Writ of Retrieval?
4. What is a Writ of Possession?