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Justice of the Peace Civil Courts

 

Effective August 31, 2013, New Rules for Civil Procedure in the Justice court were approved and issued by the Texas Supreme Court.

In accordance with the Act of June 29, 2011, 82nd Leg. 1st C.S., ch. 3, §§ 5.02, 5.07
(HB 79) and the Act of April 2, 2013, 83rd Leg., R.S. (HB 1263), amending section 27.060 of the Texas Government Code and abolishing the small claims court as of August 31, 2013, and pursuant to section 22.004 of the Texas Government Code, Rules 500-510 of the Texas Rules of Civil Procedure and section 92.0563(d) of the Texas Property code are repealed, effective August 31, 2013.

We strongly encourage you to read the New rules for the Justice Courts as it effects ALL civil cases within the Justice Court to include Small Claims, Debt Claims, Repair and Remedy, and Eviction cases!
New Forms are available online or in the Justice Court Clerk Office for your convenience. Judge and Clerks are prohibited from providing legal advice or assisting in filling out documents.
  • Click here to view the New Rules for Civil Procedure
  • Click here to view the Texas Property Code. (Clicking this link will take you to the Texas Legislative Website.)
  • Click here to view the Texas Rules of Evidence
  • Click here to take you to the new forms effective August 31, 2013.
  • Click here to view Standing Order No.1
  • Click here to view Standing Order No.2
  • Click here to view Standing Order No.3

New case types in the Justice Courts - Effective 8/31/2013

  • Debt Claim: A debt claim case is a lawsuit brought to recover a debt by an assignee of a claim, a debt collector or collection agency, a financial institution, or a person or entity primarily engaged in the business of lending money at interest. The claim can be for no more than $10,000.00 excluding statutory interest and court costs but including attorney fees, if any.
  • Eviction: An eviction case is a lawsuit brought to recover possession of real property, often by landlord against a tenant. A claim for rent may be joined with an eviction case if the amount of rent due and unpaid is not more than $10,000.00, excluding statutory interest and court costs but including attorney fees, if any.
  • Repair and Remedy: A repair and remedy case is a lawsuit filed by a residential tenant under Chapter 92, Subchapter B of the Texas Property Code to enforce the landlord's duty to repair or remedy a condition materially affecting the physical health or safety of an ordinary tenant. The relief sought can be for no more than $10,000, excluding statutory interest and court costs but including attorney fees, if any.
  • Small Claims: A small claims case is a lawsuit brought for the recovery of money damages, civil penalties, personal property, or other relief allowed by law. The claim can be for no more than $10,000.00, excluding statutory interest and court costs but including attorney fees, if any.
New Fee Schedule - Effective 8/31/2013

Fee Schedule for Justice Court

All Civil Cases

Effective August 31, 2013

 

Debt Claim Petitions/Citations

Filing Fee:    $ 41.00           Service Fee:            $ 90.00 per person served          Total: $ 131.00

 

Small Claims Petitions/Citations

Filing Fee:    $ 41.00           Service Fee:            $ 90.00 per person served          Total: $ 131.00

 

Eviction Petitions/Citations

Filing Fee:    $ 41.00           Service Fee:            $ 90.00 per person served          Total: $ 131.00

 

Repair and Remedy Petitions/Citations

Filing Fee:    $ 41.00           Service Fee:            $ 90.00 per person served          Total: $ 131.00

 

IMPORTANT NOTICE:

Execution of any Writ or conducting a Sale which exceeds 1 hour of officer’s time will incur an additional fee of $100.00 per hour or part of an hour payable by Plaintiff. 

 

Sheriff or Constable's commission on an Execution of Order of Sale, in addition to the fees above, when the same is made by a sale:  the first $100.00 or less is 10 percent; the second $100.00 is 7 percent; all sums over $200.00 and not exceeding $1,000.00 is 4 percent; all sums over $1,000.00 and not exceeding $5,000.00 is 2 percent; all sums over $5,000.00 is 1 percent.  When the money is collected by the sheriff or constable without a sale, half of the above commission shall be allowed. Tax sales held are not subject to any additional commission.

These fees are authorized by Texas Local Government Code Section 118.131

 

Writ of Possession

Filing Fee:    $ 5.00 per page                   Service Fee $ 90.00

 

Writ of Execution/Sequestration

Filing Fee     $ 5.00 per page                   Service Fee $ 175.00

 

Writ of Re-Entry/Restoration

Filing Fee     $ 5.00 per page                  Service Fee $ 75.00

 

Writ of Garnishment

Filing Fee     $ 5.00 per page + $ 10.00 EFF (State electronic filing fee)

New Justice Court Forms

Forms on this page require Acrobat Reader. Click here to to download this free program from the Adobe Web Site. These forms may be filled in online, printed out, and submitted to the Court.