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Civil Suits

There are four types of civil suits filed in Justice Court: Debt Claim, Eviction, Repair and Remedy and Small Claims. Part V of the Texas Rules of Civil Procedure cover the Rules of Practice in Justice Court.

Disclaimer: The information contained in this section is NOT purported to be all inclusive. Neither is it intended to serve as legal advice. You are strongly encouraged to consult the actual law, or consult with an attorney for answers to your questions.

The Collin County Law Library, located at 2100 Bloomdale Rd., Suite 10216 (1st Floor), McKinney, TX 7507 has documentation and law books for assistance. 

NOTE: All  Justice of the Peace offices now accept civil filings electronically. You can find out more information and get started on e-filing by visiting www.efileTexas.com.

Justice Court filing fees are $46. Constable and Sheriff Service fees vary by county.

Debt Claim Petition

Debt Claim

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 $10,000, excluding statutory interest and court costs but including attorney fees, if any.

Eviction

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 $10,000, excluding statutory interest and court costs but including attorney fees, if any. All eviction suits must be filed in the Justice of the Peace precinct where the property is located. You can find the precincts by searching the address on the JP Precinct Map.

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.

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 $10,000, excluding statutory interest and court costs but including attorney fees, if any.