It can be submitted to our office via eFiling, mailed or delivered in person the Bexar County Clerk's office, Attn: Civil Central Filing Department, 100 Dolorosa B: 04, San Antonio, TX 78205. 2.
Filing Your Case Online Texas's eFileTexas site uses guided interviews to help you create your forms. The website will ask you certain questions and use your answers to build your forms.
(1) by appearing in person before the Justice of the Peace or the clerk and filing a statement of the claim under oath; or, (2) by filing a sworn Small Claims Petition with the Justice of the Peace or clerk of the court.
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.
In most cases, you must bring your lawsuit within two years of when the problem arises. There are some cases, however, that have a four-year statute of limitation. It is recommended that you file suit within six months to a year after you have suffered a wrong.
The property manager needs to give the renter a minimum of three days to vacate unless a written lease sets a different time period, such as 24 hours. The notification needs to have the date it is provided, the reason for the eviction, and show the amount of lease owed, if applicable. The notice needs to :. 1.
Filing the Appeal It may be necessary to talk to an attorney for advice. After the judgment is issued in the trial for the original eviction hearing, all parties have 5 days within the signing of the judgment to appeal. During this time, the court cannot issue a writ of possession to have the tenant's property removed.
Most Bexar County precincts allow you to file your small claims lawsuit through the following methods: In-person. You can go to the court you wish to file your small claims lawsuit and file the forms with a court clerk in person.
The Writ directs the constable to seize or take control of the premises subject to the order and turn it over into the landlord's possession. In other words, the constable will be forcing the tenant out who has refused to vacate after the Court has ordered the eviction.