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To start your lawsuit, you'll prepare a form called a Petition. Give this form to the Clerk of the Court (filing). The person who files the Petition is called the Plaintiff. (See Texas Rules of Civil Procedure Rule 22.)

A process server can attempt to serve someone at any time of the day or night except on Sundays in Texas.If the process server is unable to serve you, then he can file a Rule 106 Affidavit for Substituted Service with the clerk. A motion is filed and if the judge signs the order, you are still served.

Contract Disputes. Contract disputes occur when one or more parties who signed a contract cannot or will not fulfill their obligations. Property Disputes. Torts. Class Action Cases. Complaints Against the City.

When you give your petition to the clerk, you should be ready to pay a filing fee. Filing fees are often $200 or more. If you cannot afford to pay the filing fee, you may file a statement of inability to afford to ask the court to waive the fee for you.

Generally, process servers make at least three attempts to serve somebody. These attempts are normally made at different times of day and on different days to maximize our chance of serving the papers.

You don't have an unlimited amount of time to file a lawsuit. You'll have to bring it within the statute of limitations period for your particular case. For example, you'll have four years for written and oral contracts and two years for injury and property damage claims.

Service of Process via Email The Texas courts adopted Rule 21a which allows a party to serve official court documents via email. Before the adoption of Rule 21a, parties had to mail hard copy versions of court filings.

In most Texas civil courts, however, it is over $200 to file a claim. If an individual cannot afford to file and falls below the Federal Poverty Guidelines, the plaintiff may ask the court to waive or reduce their filing fee.

Filing Fee The Justice of the Peace must collect total fees of $34.00 for the filing of a claim in the Small Claims Court. The filing fee is set out in Section 118.121 of the Texas Local Government Code. Other fees in Small Claims Court are the same as those for cases in Justice Courts.

Texas Civil Process Request

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