Jurisdiction / Venue
The JP precinct in which the property is located has original exclusive jurisdiction. Suits for Eviction which include unpaid rent may not exceed $10,000. Only unpaid rent may be joined to a Suit to Evict. Any other damages must be brought in a separate suit.
Plaintiffs should familiarize themselves with applicable sections of the Texas Property Code and the Rules of Civil Procedure before filing. It is your burden as the Plaintiff to prove your case. Be sure to bring any documents or witnesses necessary to do so. You are not required to be represented by an attorney. Landlords may be represented by a Non-Attorney Agent.
Court Rules and Procedures
In Evictions the rules of evidence, discovery and civil procedure DO apply. All parties will be held to these rules, with or without an attorney. If you are not familiar with these rules you should contact an attorney.
All requirements pertain to both adult and juvenile males and females unless otherwise noted. Failure to comply may result in the resetting of the case to a later date, or in the extreme, contempt of court:
- Shoes are required
- No sleeveless shirts
- No shorts
- No exposed midriffs
- No clothing displaying offensive words or pictures (the Court retains the exclusive right to define “offensive” on an individual basis).
- No hats (exception: religion)
After the suit
If you win your Suit to Evict, a defendant has 5 business days to file an appeal before a Writ of Possession can issue. If a money judgment is also awarded, and is not immediately paid, you may pursue several areas of post-judgment enforcement, including but not limited to:
- Abstract of Judgment
- Writ of Execution
- Writ of Garnishment
Seek legal advice from a licensed attorney for help with these and other options.