Civil Cases

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.

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.

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.

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 $20,000, 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.

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.

INTERRUPTION  OF UTILITIES (RESIDENTIAL)
Except as provided by section 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.