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.
File a motion for mediation. File a proposed order on motion for referral for mediation. Give a copy of the motion and order to the attorney or the other party if not represented. The Court will appoint a mediator, who will contact the attorneys or the parties, if not represented, to schedule mediation.
Bexar County, Texas contains twenty-seven judicial districts, two probate courts, one county court, and fifteen county courts at law.
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 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. This is an attempt to have you vacate the property.
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.
How To eFile. Choose an electronic filing service provider (EFSP) at eFileTexas. An electronic filing service provider (EFSP) is required to help you file your documents and act as the intermediary between you and the eFileTexas system. For eFiling questions you may call 210-335-2496 or 855-839-3453.
An eviction must be filed in the Justice precinct where the rental property is located. Texas Property Code, Sec. 24.005 sets out the notice requirements for eviction suits. (Unless the notice requirements are stated in the signed lease.)
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.