Petition Writ Form With Two Points In San Antonio
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The Writ of Possession allows for the possession of the property, after a deputy has posted written notice notifying the tenant a writ has been issued. By law, we are required to give a minimum of 24 hours notice before enforcing the writ.
All civil cases filed in JP Courts now fall under Justice Court. The rules of Texas Rules of Civil Procedure Part V, Rule 500 through 510 govern these cases. There are four (4) types of civil cases that can be filed in Justice Court: Evictions, Small Claims, Debt Claims, and Repair and Remedy.
The hearing may be held in a courtroom, or, sometimes, in an office. The landlord must be present for the case to proceed. The tenant is not required by law to appear, but should if they want to present evidence, argue the case, or even just ask for more time to move.
The notice will usually contain a stated reason for the eviction, a delivery date and a notice when to vacate the property - usually in 3 days. You do not have to leave the property by the date indicated.
The Justice Courts also have jurisdiction of cases of forcible entry and detainer, or evictions. Justice Courts do not have jurisdiction of suits for divorce, suits to recover damages for slander or defamation, suits for title to land, or suits to enforce a lien on land. See Sec. 27.031, Texas Government Code.
Eviction Cases must be filed in the Justice Court in the Justice of the Peace Precinct in the county in which the real property is located. See Section 24.004, Texas Property Code.
A number of people arrested and detained throughout the country sought writs of habeas corpus before the courts. He wanted them released through writs of habeas corpus, a right hitherto granted only to human prisoners.
