Attention: Effective, April 1, 2019, all electronic filings of civil petitions and/or proposed orders must separate exhibits from motions, petitions, proposed orders, etc. Filings in which all documents are grouped together in a single e-file will be returned for resubmission.

Default judgement filings MUST attach each piece of evidence as a separate exhibit.

Filing 1: Motion for Default Judgement

  • Exhibit A – Servicemembers Civil Relief Act Affidavit
  • Exhibit B – Signed contract indicating amount owed; copy of bill with amount sought
  • Exhibit C – Business records custodian affidavit

Filing 2: Proposed Order for Default Judgement”

Read the e-filing letter from Judge Sylvia Holmes and the Court Rules - update for civil e-filing.

There are four types of civil suits filed in Justice Court: Debt Claim, Eviction, Repair and Remedy and Small Claims. Part V of the Texas Rules of Civil Procedure cover the Rules of Practice in Justice Court.

Disclaimer:
The information contained in this section is NOT purported to be all inclusive. Neither is it intended to serve as legal advice. You are strongly encouraged to consult the actual law, or consult with an attorney for answers to your questions.

The Travis County Law Library & Self-Help Center, located at the Ned Granger Building at 314 West 11th Street, Suite 140, First Floor, Austin, Texas 78701 (Map), has documentation and law books for assistance.

Note:
All Justice of the Peace offices now accept civil filings electronically. You can find out more information and get started on e-filing by visiting E-File main self-help menu.

Justice of the Peace Court filing fees are either $46 or $51 depending on what type of civil case. Constable and Sheriff Service fees vary by county.

Información y formas en español

A debt claim case is a special kind of lawsuit filed in a justice court to be heard by a justice of the peace to recover money that is owed. A debt claim case can be filed by:

  1. A bank or other financial institution,
  2. A collection agency or agent,
  3. A person or company whose business is lending money at interest, or
  4. A person or company who bought debt or a judgment from another person or company.

Usually, the case is filed over a loan that hasn’t been repaid or outstanding credit card debt. The person or company who files the case is called the plaintiff and the person they file the case against is called the defendant.

An eviction case is filed whenever a person or company is trying to recover possession of real property (like land, a house, or an apartment building) from someone else. Usually, it is a landlord filing against a tenant. The person or company filing the case is called the plaintiff and the person or company they file against is called the defendant.

Information to file a suit

Information for tenants

 

If a person who is not on the lease 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 by an Order of Retrieval, 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 are only of the following types:

  • medical records;
  • medicine and medical supplies;
  • clothing;
  • child care 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.

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.

Read about a the tenant's right and the landlord's duty.

When a person or company feels like someone else owes them money or has personal property that belongs to them, they can come to justice court and file a lawsuit called a small claims case. The person or company who files the case is called the plaintiff and the person or company they file the case against is called the defendant.

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.

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.

A writ of restoration is an ex parte writ ordering a landlord who has interrupted (shut off) utility service to a residential tenant in violation of Section 92.008 of the Property Code to restore the utility service.

Learn about the Steps in the Texas Civil Litigation Process.

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Justice of the Peace, Precinct 3

8656-B West Hwy 71
Austin, Texas 78735 (Map)

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Monday-Friday
7:30 am - 4:30 pm

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JP3 reserves the right to adjust filing fees. Fees may be adjusted contingent on the accuracy of "Filing Codes" or "Optional Services" elected by the filer.