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(Used in Small Claim, Eviction, Debt Claim, and Repair and Remedy Cases)


(Used in Civil - Eviction Cases)


(Used in Small Claim Cases)


(Used in Responding to Traffic Ticket Cases)



* 125 West Main St. Suite 140 *
* Fredericksburg, TX 78624-3700 *
* Phone 830-997-6912  Ext. 1 *  * Fax 830-997-1540 *
Email:  countyjp1office@gillespiecounty.org


Precinct 1 Justice of the Peace
JD Hickman



The office of the Justice of the Peace Precinct One was created by the Constitution. The Justice presides over Criminal Class C Misdemeanors. Class C Misdemeanors include, but are not limited to offenses found in the Traffic Code, Penal Code, Health and Safety Code, Education Code, Parks and Wildlife Code, and the Alcohol & Beverage Code. Civil Justice Court with a jurisdictional limit of $10,000 and a Small Claims Court with a jurisdictional limit of $10,000. In addition the Justice presides over numerous administrative actions, such as appeals on the driver license suspensions, magistration, and search warrants.

 

A small claims case is a lawsuit brought for the recovery of monetary damages, civil penalties, personal property, or other relief allowed by law.  The actual amount in controversy (not the amount sued for) cannot exceed $10,000.00, excluding statutory interest and court costs but including attorney fees, if any. 

THESE INSTRUCTIONS ARE A BROAD INTERPRETATION OF THE LAWS THAT APPLY TO THE COURT.   ANY LEGAL QUESTIONS OR LEGAL INTERPRETATION SHOULD BE BASED UPON YOUR OWN RESEARCH OF THE MATTER, OR THE ADVICE OF YOUR ATTORNEY.  SMALL CLAIMS ARE GOVERNED BY RULES 500-507 of PART V of the TEXAS RULES OF CIVIL PROCEDURE.

VENUE:  

General Rule: Generally, a defendant in a small claims case or a debt claim case is entitled to be sued in one of the following venues:

  1. The county and precinct where the defendant resides;
  2. The county and precinct where the incident, or the majority of incidents, that gave rise to the claim occurred;
  3. The county and precinct where the contract or agreement, if any, that gave rise to the claim was to be performed; or
  4. The county and precinct where the property is located, in a suit to recover personal property.

WHO YOU MAY SUE:


  1. INDIVIDUAL – list all known addresses on the form
  2. SOLE PROPRIETORSHIP – contact the Assumed Names Dept. 830-997-6515 in the Gillespie County Clerk’s office for more information
  3. CORPORATION – serve it’s registered agent; the name and address can be obtained by calling the office of the Secretary of State at 512-463-5701 or http://ecpa.cpa.state.tx.us/coa/Index/html

FILING SUIT
The responsibility for filling out your Original Petition and Civil Case Information Sheet rests with you. For help with precinct information, please contact the Gillespie County Tax Assessor Collector, 830-997-6519, or visit our website at www.gillespiecounty.org and choose Precinct Maps then select Gillespie County JP Precinct Map, or see the precinct map in the Gillespie County Annex 1 Building.  The filing fee is $46.00 and the service fee for certified mail is $11.42, for constable service, $65.00. If the defendant resides outside of Gillespie County, contact the Court for service fees of other counties.

APPEAL: 
After the trial, either party may appeal the judgment by filing a Notice of Appeal with the Court, Appeal Surety Bond and a $10 transcript fee, within (21) twenty-one days from the date of judgment.  If the appeal is filed by the Plaintiff, the appeal bond amount shall be $500.00.  If the appeal is filed by the Defendant, the appeal bond amount shall be two (2) times the judgment amount. Filing fees are required to the County Court.

AFTER THE JUDGMENT
Should you receive a judgment, this Court does not collect the judgment for you, nor can we force the defendant to pay the judgment.  If you receive a judgment against the defendant, this Court can issue various instruments to assist you in collecting the judgment.

  1. Abstract of Judgment: $5.00; requested after (21) days after Judgment and filed with the County Clerk; and is good for a period of ten (10) years.
  2. Writ of Execution: $155.00; requested after (30) days after judgment.

 

Telephone Jurisdiction Code 6593

Wedding Info

The Justice of the Peace Precinct One does NOT perform wedding ceremonies. 
* An eviction MUST be filed in the Justice precinct where the rental property is located. 
* The notice to vacate must be in writing and should be unconditional, i.e., it should tell the tenant to vacate by a specific date in no uncertain terms (at least three days written notice to vacate before the landlord files an eviction, unless the parties have contracted for a shorter or longer notice period in a lease or agreement). 
* The notice to vacate shall be given in person or by mail at the premises in question.
* To begin an eviction proceeding, the landlord must file a written and sworn Petition for Eviction, Civil Case Information Sheet, and Affidavit of Military Status Form. The complaint must describe the premises of which the landlord is claiming possession with sufficient certainty to identify the premises, and state the facts which entitle the landlord to possession. 
* Generally, all parties named in the lease should be sued and served with a citation in the eviction proceeding. Any judgment granted will run only against those who are specifically named and served. 
* A suit for rent may be filed with the eviction suit if the amount due is within the jurisdiction of the justice court (<$10,000). Charges for items other than rent cannot be joined with suit for eviction. 
* A court date will be set after the citation has been served and both parties will be notified and are expected to appear at that date/time. Any continuance request must be in writing, timely and agreed to by all parties. 
* Under the Texas Rules of Civil Procedure, either party to the lawsuit has five days to appeal the court’s decision. The filing of an appeal bond or paupers oath by that time completes the appeal. A properly filed appeal stops all further justice court proceedings until there is a resolution by the county court. 
* If neither party appeals, the landlord may obtain a Writ of Possession from the court after the five (5) day period for appeal has passed. The writ fee of $155.00 is payable to JP court to cause the tenant to vacate the premises. Questions involving the execution of the writ should be directed to the appropriate constable's office.

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