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CIVIL INFORMATION

*COURT CLERKS ARE PROHIBITED BY STATE LAW TO ASSIST IN THE PREPARATION OR COMPLETION OF THESE FORMS AND/OR PETITIONS. THEY ARE PROHIBITED BY STATE LAW FROM PROVIDING ANY LEGAL ADVICE OR ASSITANCE.*

SMALL CLAIMS

Filing Fees
Small Claims with service $111.00
Small Claims w/o service $ 31.00
Service for additional defendant $ 80.00 ea.

Small Claims Description
*Monetary Jurisdiction up to $10,000 (including interest and attorney fees at time of filing)
*This court can only award a judgment and will not guarantee that we will collect if you “win” your case. (WE ARE NOT A COLLECTION AGENCY)
*Small Claims must be filed in the court of the precinct where the defendant lives.

Requirements for filing a Small Claim
*Complete name spelled accurately and have the exact address in where the Defendant can be located.
*If filing for car accident damages plaintiff must provide court with a police report, two certified auto shops estimates, and any sufficient evidence such as pictures, receipts, hospital bills that will equal the amount you’re suing for.
*If filing for money disputes: money loans, back pay rent, unfinished jobs, etc. All must have sufficient evidence, for instance, copy of receipts, any written notations signed by both parties.

Trying to collect on a Judgment
*Writ of Execution – After ten days that judgment was final, the party (judgment was granted) can request a Writ of Execution for an additional cost of $116.00 to enforce the judgment. THERE IS NO GUARANTEE THAT JUDGMENT WILL BE COLLECTED BY A WRIT OF EXECUTION.
*Abstract of Judgment – Ten days after judgment is final, another alternative is to try to collect on a judgment of abstract for an additional cost of $11.00. When the Abstract is filed the court prepares the document and the winning party files it to the County Clerk’s Records Department at the Courthouse. When properly filed, an Abstract places a lien against any non-exempt, real property of the losing party. When requesting the Abstract of Judgment, you should, whenever possible, provide the court the date of birth, Texas driver’s license or Social Security Number from the losing party.
*Release of Judgment – Once the judgment is paid off the Civil Department shall provide you with a Release form and will be removed from the record.

*COURT CLERKS ARE PROHIBITED BY STATE LAW TO ASSIST IN THE PREPARATION OR COMPLETION OF THESE FORMS AND/OR PETITIONS. THEY ARE PROHIBITED BY STATE LAW FROM PROVIDING ANY LEGAL ADVICE OR ASSITANCE.*

FORCIBLE DETAINERS (EVICTION)

Filing Fees
Forcible Detainer with service $131.00
Forcible Detainer w/o service $ 31.00
Service for additional defendant $100.00

Forcible Detainer Description
*This is when tenants pay their rent late or non-payment of rent and must get evicted from the premises. The landlord must file an eviction in order to evict tenant form the premises.
*Forcible Detainers must be filed in the court of the precinct where the defendant resides. A justice court in the precinct in which the real property is located has jurisdiction in eviction suits. Only issue to be determined is the right of actual possession. Merits of title cannot be determined.

Requirements for filing a Forcible Detainer
* Complete name spelled accurately and have the exact address in where the Defendant can be located. Make sure to check on correct amount of rent you are suing for.
*A three day written notice must be given to the tenant and to court prior to filing an eviction suit. The notice must be given for non-payment of rent or vacating the premises, it can either be regular/certified mail, hand delivered to tenant or any person residing at the premises who is 16 years of age or older, or post on door. Always keep a copy of the notice for yourself and for the court.
*After notice is given and tenant does not vacate the premises, a complaint for eviction would need to be filed in the precinct where the property is located. The complaint will describe the lands, tenements, or premises the possession of which are claimed with sufficient certainty to identify the same and shall also state the facts which entitle the complainant to the possession. At the time of filing the complaint, the landlord will be given a date and time to appear in court. Also at the time a citation will be prepared notifying the tenant of the hearing.

Alternative for evicting a tenant
*Writ of Possession – If tenant fails to vacate the property after the expiration of 6 days from the day of judgment was entered, which is required by law, on the 7th day the landlord may request a writ of possession with an additional cost of $116.00. A writ of possession allows the constable to oversee the move-out of the defendant(s) from the leased premises, and insure no breach of peace is violated. Officer may post warning on front door that writ will be executed at future date and time. They may engage services of warehousemen to remove and store property. Officer may not require landlord to store property, and if necessary, use reasonable force in executing writ.

CRIMINAL INFORMATION

*COURT CLERKS ARE PROHIBITED BY STATE LAW TO ASSIST IN THE PREPARATION OR COMPLETION OF THESE FORMS AND/OR PETITIONS. THEY ARE PROHIBITED BY STATE LAW FROM PROVIDING ANY LEGAL ADVICE OR ASSITANCE.*

PEACE BOND

FILING FEES
*THERE IS NO CHARGE IN FILING A PEACEBOND*

PEACE BOND DESCRIPTION

*Peace Bonds are issued when the court believes one person may cause injury to another person and/or members of their family, or when the court sees that you have “reasonable fear” of this person.
* The Peace Bond orders the party to stay away from you and/or your family members for more than 200 yards, and all communication between parties will have to stop.
* Peace Bonds can last up to 12 months
* If order is violated there will be a cash bond up to $1,000.00 and defendant will be committed to the Webb County Jail and will be kept there until such bond is recovered or jail time given by the court is completed.

PEACE BOND REQUIREMENTS
* When filing a Peace Bond you will need to fill out the proper paperwork and attach a copy of the police report against the defendant. (Police Report is needed)
* In order for a Peace Bond to be filed it will have to consist with one of the following: Threat, Assault, Stalking, and/or Harassment.
* The party requesting the Peace Bond will have to bring all evidence to the court hearing.

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