- Debt Claim
- Repair & Remedy
- Small Claims
- Occupational Driver's License
- Tow Hearings
- Court Fees
A debt claim case is a lawsuit brought to recover a debt by an 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. Access the documentation needed to file a Debt Claim Case (PDF).
An eviction case is a lawsuit brought to recover possession of real property, 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. Access the documentation needed to file an Eviction Case (PDF).
25th Emergency Order
The Supreme Court has issued its 25th Emergency Order, related to the CDC eviction moratorium, effective September 17. Go to www.tjctc.org/coronavirus to read our full guidance on this Order. Highlights include:
- The landlord must include in an original or amended petition information related to the CARES Act, as well as whether a Declaration under the CDC moratorium has been provided. This requirement applies to ALL evictions, even though the CDC moratorium and the 30 day notice to vacate under the CARES Act only apply to evictions for nonpayment.
- If a Declaration has been provided to the landlord, the court may not proceed unless the judge holds a hearing to determine whether they can proceed and enters a written order detailing why the case may proceed.
- Citations must include a new warning to the tenant about the CDC moratorium, and a copy of the Declaration form must be attached.
- If a tenant provides a Declaration after an eviction suit is filed, they must file it with the court and serve it on the plaintiff. The court must then abate the case unless the plaintiff contests the Declaration and the court holds a hearing as described above.
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. Access the documentation needed to file a Repair and Remedy Case (PDF).
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. Access the documentation needed to file a Small Claims Case (PDF).
Occupational Driver’s License (ODL)
An Occupational Driver’s License (ODL) is a restricted license that lets you drive at certain times, on specific days, under certain conditions, when you have an “essential need to drive.” An “essential need” means you need to drive for work, get to and from work or school, or perform necessary household duties. You cannot request a (ODL) if your license was suspended for medical reasons, suspended for failing to pay child support or you wish to drive a commercial motor vehicle.
If your license was automatically suspended or cancelled following a conviction, file the Petition in the same court that convicted you. If your license was not suspended or cancelled following a conviction, file the Petition in the county where you live or where the offence occurred. You may have a choice between filing in District Court, County Court-at-Law or Justice of the Peace (JP) court.
The owner or operator of a vehicle towed and placed in a vehicle storage facility without consent, or booted without consent, is entitled to a hearing on whether probable cause existed for the removal or booting of the vehicle. Any Justice Court in the County in which the vehicle was towed or booted may hear the case. Access the documentation needed to file a Tow Hearing Case (PDF).