The Civil Division's main function is the service of civil process, such as EVICTIONS and SUBPOENAS. Plus, other civil related issues.
The eviction process is one of the most common civil actions that are taken in the Justice of the Peace Courts, in order to properly evict a tenant from rental property, or to gain possession of real property.
STEPS FOR EVICTION
The first step is the demand for possession must be made in writing by a person entitled to possession of the property and must comply with the requirements for notice to vacate under section 24.005 Texas Property Code.
The second step is the filing of the suit (FE&D) Forcible Entry and Detainer. This is the step in which the deputy will serve the defendant either in person or by alternative service. (Rule 742.A)
The third step is a Writ of Possession. This step allows a landlord who prevails in an eviction suit to take possession of the premises that were in dispute. The deputy will post written notice (warning) at 8 1/2 by 11 in size on the exterior of the main entry of the premises notifying the tenant that this writ has been issued and that it will be executed at least 24 hours on or after a specific date and time stated in the warning.
The defendant has the right to appeal if judgment is made against them during the FE&D suit, prolonging the eviction process.
The Civil Division oversees bailiff duties, which includes maintaining order and court room security in The Justice of the Peace Courts, taking people into custody as ordered by the judge, transportation of adult prisoners,and of juvenile prisoners. Precinct 1 deputies, oversee two Justices of Peace Courts. For additional information on The Justice of the Peace Courts in Bexar County and filing fees click on the Link below
Justice of Peace Texas Property Code