Civil Cases

APPLICATION FOR SUBPOENA
A subpoena commands the person to whom it is directed to do either or both of the following: (a) attend and give testimony at a deposition, hearing or trial; (b) produce and permit inspection and copying of designated documents or tangible things in the possession, custody or control of that person. A subpoena action is governed by The Texas Rules of Civil Procedure 500.8.

DEBT CLAIM
A debt claim case is a lawsuit brought to recover a debt by assignee of a claim, a debt collector or collection agency, a financial institution or a person or entity primarily engaged in the business of lending money at interest.

The claim can be for no more than $20,000, excluding statutory interest and court costs but including attorney fees, if any. Debt claim cases in justice suit are governed by Rules 500-507 and 508 of Part V of the Rules of Civil Procedure. To the extent of any conflict between Rule 508 and the rest of Part V, Rule 805 applies.

EVICTION
An eviction case is a lawsuit brought to recover possession of real property under Chapter 24 of the Texas Property Code, often by a landlord against a tenant.

A claim for rent may be joined with an eviction case if the amount of rent due and unpaid is not more than $20,000, excluding statutory interest and court costs but including attorney fees, if any. Eviction cases are governed by Rules 500-507 and 510 of Part V of the Rules of Civil Procedure. To the extent of any conflict between Rule 510 and the rest of Part V, Rule 510 applies.

INTERRUPTION  OF UTILITIES (RESIDENTIAL)
Except as provided by secion 92.008 Texas Property Code, a landlord or landlord's agent may not interrupt or cause the interruption of utility service (water, waste water, gas or electric service) of a tenant, unless the interruption results from a bona fide repairs, construction or an emergency. A rental property owner may interrupt electric service to certain residents provided that written notice and other procedures are strictly followed. Refer to Texas Property Code sections 92.008, 92.0091, and 92.301.

OCCUPATIONAL LICENSE
Occupational License, also called an essential-need license, is a special type of restricted license issued to individuals whose driver license has been suspended, revoked or denied for certain offenses other than medical or delinquent child support. An occupational license authorizes the operation of a non-commercial motor vehicle in connection with an individual's work, school-related activities or performance of essential household duties.

REPAIR AND REMEDY
A repair and remedy case is a lawsuit filed by a residential tenant under Chapter 92, Subchapter B of the Texas Property Code to enforce the landlord's duty to repair or remedy a condition materially affecting the physical health or safety of an ordinary tenant.

The relief sought can be for no more than $10,000, excluding statutory interest and court costs but including attorney fees, if any. Repair and remedy cases are governed by Rules 500-507 and 509 of Part V of the Rules of Civil Procedure. To the extent of any conflict between Rule 509 and the rest of Part V, Rule 509 applies.

SMALL CLAIMS
A small claims case is a lawsuit brought for the recovery of money damages, civil penalties, personal property or other relief allowed by law. The claim can be for no more than $20,000, excluding statutory interest and court costs but including attorney fees, if any. Small claims cases are governed by Rules 500-507 of Part V of the Rules of Civil Procedure.

TOWED/BOOTED VEHICLE
(Occupations code chapter 2308.456) An owner or operator of a vehicle that has been removed and placed in a vehicle storage facility or booted without the consent of the owner or operator of the vehicle is entitled to a hearing, if the owner/operator files with the court, a written request for the hearing, before the 14th day after the vehicle was removed/booted. In computing time under this subsection, Saturdays, Sundays, and legal holidays are excluded. A hearing under this chapter shall be in the Justice Court in the County in which the vehicle was towed/booted. Note: A person who fails to deliver a request in accordance with Occupations Code, Section 2308.456 (a), waives the right to a hearing. All persons should consult the Texas Occupations Code Chapter 2308 for complete information.

WRIT OF REENTRY (RESIDENTIAL AND COMMERCIAL)
If a landlord has locked a residential or commercial tenant out of leased premises in violation of the Texas Property Code Section 92.0081 and 92.009 (residential) or Section 93.002 and 93.003 (commercial), the tenant may recover possession of the premises.

WRIT OF RETRIEVAL
If a person is unable to enter the person's residence or former residence to retrieve property belonging to the person or the person's dependent because the current occupant is denying the person entry, the person may apply to the Justice Court for an order authorizing the person to enter the residence, accompanied by a peace officer, to retrieve specific items of personal property according to the Texas Property Code Section 24A.002.