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Filing Days: Monday thru Friday 8:00 a.m. to 5:00 p.m.
Filing Fees: View Fee Schedule
Methods of Payment: Cash, Money Orders, or Cashier´s Checks. No personal checks accepted. Make Money Orders & Cashier´s Checks payaple to J.P. Court #2. All fees are nonrefundable.
- Prior to filing a Complaint for Forcible Detainer to evict a tenant
, the plaintiff/ landlord must give the tenant at least three days written notice to vacate unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. The notice period is calculated from the day on which the notice is delivered. The notice to vacate should be unconditional (I.E., it should tell the tenant to vacate the premises by a specific date in no uncertain terms.) The plaintiff/ landlord should be prepared to provide proof at an subsequent court hearing that the Notice to Vacate has been served on the tenant retaining a copy of the Notice to Vacate and serving the Notice to Vacate in accordance with the law.
In the event that a tenant does not vacate the premises by the specified date, the plaintiff or landlord may then initiate a judicial action against the tenant by filing a Complaint for Forcible Detainer. The complaint MUST be filed in the precinct where the property relating to the eviction is located. In order to locate the correct precinct in which to file, you may call the Voter´s Registration Office (210) 335-6625 and give them the exact address or use the Jurisdiction Locator tool.
Forcible Detainer If you need legal advise or desire representation by an attorney, the San Antonio Bar Association provides a referral service (210) 227-1853.
If the complaint for Forcible Detainer includes a suit for unpaid rent, the plaintiff/landlord must clearly state the amount of back rent for which judgment is being sought (within the jurisdictional limit of $10,000.00), and should reserve the right to include any additional rents that may become due during the pendency of the suit.
The fee for filing a Complaint for Forcible Detainer is dependant upon the number of defendants named in the Complaint (view fee schedule). A defendant is defined as anyone who has signed the lease, contract, or agreement as an occupant. At the time of filing, one original per case and two (2) copies per defendant of the complaint must be provided for use by the court. The plaintiff/landlord should also prepare a copy of the complaint for their own records and/or reference. A fee will be charged for any copies made by court personnel.
The landlord, his/her attorney, or a non-lwayer agent may sign and file the Complaint of Forcible Detainer and represent the owner at the court hearing.
At the time of filing, the Court Clerk will issue a receipt. The receipt will include the case number and the court date. Please refer to your case number when communicating with the court regarding your case. The Court will then issue a citation to the defendant (s) commanding him/her to appear before the Justice of the Peace on the assigned court date. A copy of the complaint will be attached to the citation and both the citation and the attached complaint will be served upon the defendant by the Constable´s Office. By law, the hearing date will be not less than six (6) day nor more than ten (10) days from the date the citations is served. The hearing date will be set for either a Tuesday at 10:00 a.m. or Thursday 11:00 a.m. Should the plaintiff/landlord fail to appear at the hearing, their case may be dismissed or there may be a judgment for the defendant.
NOTE: If either party should request a jury trial and pay the appropriate fee within five days of the date of service of the citation, both the plaintiff and the defendant will be required to appear on the assigned court date and time for a pre-trial hearing to examine the issues to be brought before a jury. If the Judge determines there are sufficient issues involved, the case will be set for jury trial at a later date. If there are not sufficient issues to be brought before a jury then the Judge may render a judgment at that time.
- At the time of the hearng, the plaintiff/landlord should, at a minimum have in their possession the following items or information: a. The lease, b. A copy of the notice to vacate (including proof of service);c. Any additional evidence which may have a direct bearing on the case., d. Total amount of rent due within the jurisdictional limit of $10,000.00.
- After judgment is rendered, persons desiring a copy of the judgment should notify the bailiff before leaving the court room.
- After the hearing, either pary has five (5) calendar days to appeal the judgment by filing an Appeal Bond with the Justice Court. It is strongly suggested that an attorney be consulted before filing an apeeal. A Transcript Fee will be charged for appeals.
- If, within five calendar days from the date of judgment, no appeal has been filed and the defendant still has not vacated the premises, the plaintiff may obtain from the court a Writ of Possession to legally remove all personal property of the defendant´s from the premises for a fee.
- A Writ of Possession is executed by the Constable´s Office. The Plaintiff fills out an application for the Writ of Possession (affidavit stating what monies, if any, have been accepted). The clerk provides a receipt of the payment to the Plaintiff, The Plaintiff takes their receipt to the Constable´s Office and schedules the date and time the Writ will be executed. The court clerk will prepare the Writ of Possession and forward it to the Constable´s Office. The Constable´s Office require the Plaintiff/Landlord´s individual name, address and phone number. The Constable does not represent the plaintiff or the defendant, only the Justice Court, and will remain on the premises as a keeper of the peace to see that the writ is executed according to law. The physical removal of all property will be made by the defendant or plaintiff or their designated personnel. Questions involving the execution of a Writ of Possession should be directed to the Constable´s Office at (210) 335-4850.
- Frequently the plaintiff will find it difficult to collect their judgement on past rent due. Thirty (30) days after a judgment is signed, a Writ of Execution may be obtained through the court for a fee. A new home or work address of the defendant is required for service of the writ. Court personnel will prepare the Writ of Execution and forward it to the Constable´s Office. The Constable serves the writ on the defendant and makes oral demand for payment of the judgment. If the Constable receives no payment, and there is no non-exempt property to levy on, the writ is returned unsuccessful to the court. THERE IS NO GUARANTEE THAT PAYMENT WILL BE RECEIVED.
- Another alternative to collection of a judgment for past rent is an Abstract of Judgment. An Abstract may be obtained If no appeal has been filed within five days after the date the judgment is rendered for a fee. The court will prepare the abstract which the plaintiff must then file with the County Court. The Abstract of Judgment places a lien against any non-exempt, real property of the defendant for a period of ten years. When requesting an Abstract of judgment you should provide the court, whenever possible, with the following information pertaining to the defendant:
- Date of Birth
- Texas Driver´s License
- Present address
NOTE: CLERKS OF THE COURT ARE PROHIBITED FROM GIVING LEGAL ADVICE.
If you have any further questions, you are encouraged to seek the advice of an attorney. |
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