Civil Suits

An eviction case is a lawsuit brought to recover possession of real property, often by a 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 $20,000, excluding statutory interest and court costs but including attorney fees, if any. All eviction suits must be filed in the Justice of the Peace precinct where the property is located. You can find the precincts by searching the address on the JP Precinct Map.

Information to file suit

• https://www.housing-rights.org/eviction-process
• Read Filing an Eviction Case
• Guide & File - Step by Step Civil Filing

Appeals

A party may appeal a judgment by filing bond, making a cash deposit or filing a Statement of Inability to Afford Payment of Court Costs after the judgment is signed. See Justice Court Rules 510.9(a) to determine the timeframe to file an appeal.

See Request for Appeal form

Information for tenants

Legal Aid

Video from Austin Tenants Council

More information

• Read Eviction Defendant
• https://www.housing-rights.org/tenant-concerns

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 $20,000, excluding statutory interest and court costs but including attorney fees, if any.

For information on the Tenant’s right and the Landlord’s duty, please read the Repair Rights

• Guide & File - Step by Step Civil Filing
• See Repair and Remedy form

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 $20,000, excluding statutory interest and court costs but including attorney fees, if any.

For information on how to sue in Small claims court.

For information on what to do if you are being sued.

Guide & File - Step by Step Civil Filing

For additional information on how to sue in Justice Court (Small Claims Court) or what to do if you are being sued, please read how to Sue in Justice Court (Small Claims Court)

Note: A copy of all documents and exhibits must be served or presented to all case parties. You will be charged for copies if you fail to supply all case parties with copies of case documents or exhibits.

Appeals

A party may appeal a judgment by filing bond, making a cash deposit or filing a Statement of Inability to Afford Payment of Court Costs after the judgment is signed. See Justice Court Rules 506.1(a) to determine the timeframe to file an appeal.

See Request for Appeals form.

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 $20,000, excluding statutory interest and court costs but including attorney fees, if any.

Click here for more information

If you are being sued, read Debt Claim Defendant.

Note: A copy of all documents and exhibits must be served or presented to all case parties. You will be charged for copies if you fail to supply all case parties with copies of case documents or exhibits.

Appeals

A party may appeal a judgment by filing bond, making a cash deposit or filing a Statement of Inability to Afford Payment of Court Costs after the judgment is signed. See Justice Court Rules 506.1(a) to determine the timeframe to file an appeal.

See Request for Appeals form.

If a landlord has locked a residential or commercial tenant out of leased premises in violation of the Texas Property Code Section 92.0081 and 92.009 (residential)) or Section 93.002 and 93.003 (commercial), the tenant may recover possession of the premises.

To determine venue for your case, refer to the Texas Property Code Section 92.009(b) if a residential tenancy, or Section 93.003(b) if a commercial tenancy.

See Application for Writ of Re-Entry.

Read Landlords Locking Out Tenants for more information.

See Writ of Entry Flow chart

If a landlord has interrupted (shut off) utility service to a residential tenant in violation of Section 92.008 of the Texas Property Code the tenant may to restore utility service.

See Application for Writ of Restoration

See the Writ Restoration Flow Chart

If a current occupant is denying a person from entering their residence or former residence the justice court may issue an order authorizing a person to enter the residence to retrieve specific items of personal property which includes electronic records of financial or legal documents.
See Texas Property Code 24A.002(b)

See Application for Writ of Retrieval

Read the Order of Retrieval TJCJA Training

A Release of Judgment should occur when a debtor (defendant) pays the judgment to the creditor (plaintiff). According to the Texas Civil Practices and Remedies Code Chapter 31.008 the payment may be made to the court if the debtor is unable to locate the creditor.

In practice, JP1 processes Release of Judgments even when the debtor is able to locate the creditor, or when the creditor wants to inform the court of the paid judgment. Technically, it is the creditor’s responsibility to submit a Release of Judgment to the debtor. JP1 should be involved with this process only when the debtor is unable to locate the creditor and the debtor has followed the process established in TCPRC 31.008.

See Release of Judgment

A peace bond is a court order designed to keep the peace by protecting a person or property from threat or harm.  It requires individuals to refrain from certain offenses or activities for a specific period of time. Code of Criminal Procedure Chapter 7. There is a $15.00 filing fee and costs for mailing notices and judicial orders.

See Peace Bond Application

Persons may expunge all records relating to the arrest of a person for a fine only offense if: the person is acquitted of the offense or the person is released and not charge is pending at least 180 days after the arrest and the person was not charged with any other offense resulting from the arrest; or the prosecutor recommends expunction before the person is tried.

See Petition for Expunction

Table of Justice Court Expunction Procedures