The Civil Division’s main function is to process civil actions such as evictions and serving subpoenas. The division also will handle any other civil related cases. Civil Division also oversees bailiff duties which includes maintaining order and court security in the Justice of the Peace Courts.
The most common civil action taken into the Justice of the Peace Court is order of eviction. This action can either evict a tenant from a rental property or gain possession of owned property.
STEPS FOR EVICTION
A demand for possessionmust be made in writingby a person entitled to possession of the property and must comply with the requirements fornotice to vacateunder section 24.005 Texas Property Code.
File the suit of (FE&D)Forcible Entry and Detainer where a deputy will serve the defendant either in person or by alternative service. (Rule 510)
Writ of Possession allows the possession owner take suit, a deputy will post a written notice notifying the tenant a writ has been issued. The writ will execute 24 hours on or after the specified date and time on the warning. The defendant has the right to appeal this judgment; prolonging the process.