The Bexar County Constable's Office Precinct 1 Civil Division carries out the responsibility for the service of process and execution of writs. These judicial process documents originate from the courts and governmental agencies throughout the State of Texas. The type of process we serve includes but is not limited to:
- Forcible Eviction Citations
- Citations and Small Claims
- Summonses and Subpoenas
- Writs of Possessions
- Writs of Garnishments
- Writs of Attachments
- Writs of Executions
- Writs of Sequestrations
- A.G. Child Support Documents
- Protective Orders and Restraining Orders
The Civil Division also enforces levies and conducts Constable's sales to aid in the collection of monetary judgments on Writs.
The most common civil action taken in the Justice of the Peace Courts is evictions. This action can either evict a tenant from a rental property or gain possession of owned property.
STEPS FOR EVICTION
- Step 1
- A 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.
- Step 2
- File the suit of Forcible Entry and Detainer (FE&D) at the appropriate Justice of the Peace Precinct where the property is located in. Upon the Constable receiving the FE&D, a deputy will serve the defendant either in person or by alternative service--Rule 510. (Rule 510 - Authorizes a Deputy who is assigned the FE&D to post the document on the front door of the property and mail a copy to the defendant or defendants)
- Step 3
- Both the Landlord (Plaintiff) and Renter (Defendant) must attend court on the assigned court date on the citation. The court will hear the arguments of both sides. If the court rules in favor of the Landlord (Plaintiff), then you proceed to step #4.
- Step 4
- If, and after the allotted time the Defendant(s) fail to vacate the property; a Writ of Possession can be obtained from the Justice of the Peace 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. Thereafter, we may execute the writ on or anytime after the specified date and time on the written notice.
For additional information, please see the Texas Property Code.