Court Section

Print
Press Enter to show all options, press Tab go to next option

Welcome to the Court Section

All cases heard by the County Court At Law No. 1 and County Court At Law No. 2 originate with the County Clerk – Court Section. The role of the Court Section is to accept the initial filing of cases, record all instruments filed in each case, make them available to the court as required, and to inform the parties of important actions in the case by issuing appropriate processes.

For overnight or next day delivery of documents to be filed in court cases only send to:

Johnson County Clerk - Court Section
Guinn Justice Center - Suite 407
204 S. Buffalo Ave.
Cleburne, Texas 76033

The County Courts At Law have jurisdiction over the following types of cases:

  1. Criminal Division
    • Misdemeanors
    • Traffic Appeals
  2. Civil Division
    • Civil Cases
    • Family Law Cases
    • Probate Cases
    • Juvenile Cases.

New Office of Court Administration Reporting requirements necessitate that prescribed cover sheets be submitted with each new petition or application. Required cover sheets are available online for each specific case type.

Effective January 1, 2015, by order of the Texas Supreme Court all civil court documents must be filed electronically.  Prose litigants may continue to file in person or by mail.

Integration with http://efiletexas.gov is coming soon. Some filing requirements and processes will change. Click below to view or print valuable information. Please begin following these requirements/processes immediately in preparation for this implementation.

New Fees become effective January 1, 2018.

Commissioner Court Minutes are also maintained in the Court Section.

Court Section Topics


Commissioners Court Minutes

The County Clerk maintains all minutes, orders, oaths and official bonds from the Commissioners Court. They are indexed and scanned for official keeping of the records.


Probate & Guardianship Cases

Johnson County Courts At Law have jurisdiction in probate matters and matters involving guardianship of incapacitated persons and minors. Probate and guardianship cases deal with protecting the wishes, right, and obligations of person regarding their property when these persons are unable to do so as a result of death or incapacitating illness (physical or mental) or because they are a minor.

Venue

As a general rule probate cases are heard in the deceased or wards county of residence except in certain instances.  For further information concerning questions of venue, consult Section 6 of the Probate Code.

Procedure for Initial Filing

An executor named in a will or any interested person may make application to probate a will.  Any person interested in the estate may, at any time before any issue in any proceeding is decided by the court, file an opposition thereto.  The application, any contest, and all subsequent instruments relating to the case are prepared by the party making application or the party's attorney(s) except for the clerk's processes.  The role of the clerk is to record these instruments, make them available to the court as requested, and to inform the parties of important actions in the case by issuing appropriate process at the request of the parties or their attorney(s).  Cases are assigned to a specific court on a rotating basis.  New Office of Court Administration reporting requirements necessitate that prescribed case cover sheets be submitted with each new application. (Forms are available for downloading under "Relevant Forms" below.)

Electronic Filing

  • Effective May 19, 2014, civil case documents may be filed electronically through EFileTexas.gov.
  • Effective January 1, 2015, by order of the Texas Supreme Court, all civil case documents must be filed electronically and no documents will be accepted over the counter or through the mail except those filed by Prose litigants.

FILING FEES

**New Fees become effective January 1, 2018 (see downloads under "Relevant Forms" below.)

Fees are due and payable at time of filing.

New Case or Original Action in Existing Probate Case
Application to Probate Will w/Letters $318.00
 Application for Administration w/Letters

$318.00

 Application for Guardianship w/Letters (may require citations/service at additional costs)  $323.00
 Application to Probate Will as Muniment of Title $316.00 
 Application to Declare Heirship w/ citation $317.00 
 Application for Sale of Property w/ citation $318.00 
 Small Estate/Appl to Open Safety Deposit Box w/citation $316.00 
 Small Estate/Appl to Open Safety Deposit Box/no citation $262.00 
 Ancillary Civil Action (plus any fees for issuance or service of process that may apply) $237.00
Services in Pending Probate Case

Inventory and Appraisement when filed 90th day after qualification

$27.00

Any document more than 25 pages long filed after Order Approving Inventory entered or the 120th day after initial filing (first occurring)

$27.00

Annual or Final Account** of Estate

$27.00

Annual or Final Account** of Guardian

$27.00

Annual or Final Report** of Guardian of the person only

$12.00

Application for Sale of Real or Personal Property (requires citation)

$81.00

Additional Letters Testamentary, Guardianship or Administration (each)

$2.00

Claim Against Estate

$10.00

Adverse Probate Action

Adverse action, contest, or objection in which an applicant seeks relief

$117.00

Jury Fee (due before trail date can be set)

$40.00

Safekeeping of Will

Pursuant to Probate Code Sec. 118.062 an original will may be placed with the County Clerk for safekeeping

$5.00
Issuance of Process
The following fees are for the issuance of citations, notices required be issued by the clerk at the direction of the parties or attorneys for the parties

Subpoena

$5.00

Citation

$4.00

Notice

$4.00

Any other document authorized or required to be issued by clerk

$4.00

Service of Process by Constable or Sheriff
Fees for service of process performed by a Johnson County Constable or an officer of the Sheriff's Department

Subpoena

$85.00

Summons

$85.00

All Court Citations

$85.00

Notices (Show Cause, Trustee Sale, etc.)

$85.00

Posting of Notices/Citations

$50.00

Service of Process by Authorized Person other than Constable or Sheriff: Process may be served in many instances by a private citizen authorized by order of the court to provide this service.  In order to qualify, the person must be 18 years of age or older, have no interest in the case, and have on file with the appropriate court an affidavit stating these facts; or be certified by the Texas Supreme Court.  An ‘Order for Rule 103' for the judge's signature must be presented with each request for such service.

Service of Process by Certified Mail by the Clerk: Upon request of the party requesting issuance of process, the clerk will serve the citation by mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the application/motion attached.  The fee for service by certified mail is $85.00.

Citation by Publication: Service of citation may be by publication upon filing of an affidavit stating the whereabouts of the person being served is unknown.  Process is issued by the clerk and returned to the party or the party's attorney for publication in the appropriate publication.  A publisher's affidavit must be filed with the clerk.

All fees are due and payable at time of service.  Personal checks are not accepted.  Attorney's business checks are accepted.  Visa and Master Card credit cards accepted.   Fees may be applied to the credit card via telephone or mail by supplying the account number, expiration date, and card holder's zip code.

Relevant Forms:

For information concerning the status of pending probate cases, please call (817)556-6323 Ext.1306 or 1310.  Copies and/or name searches may be obtained by calling (817)556-6323 Ext 1316.


Family Law

The County Courts At Law of Johnson County, by special legislature, have jurisdiction over cases involving family matters, including suits seeking dissolution of a marriage, adoptions, and suits affecting the parent-child relationship.

Procedure for initial filing

The initiation of a family law suit is always at the option of the petitioner by filing an original petition with the clerk of the court.   The petition sets out exactly who the respondent(s) is and the grounds of the suit.  The parties or attorney's for the parties prepare all instruments in a family law case except for the clerk's processes.  The role of the clerk is to record these instruments, make them available to the court as requested, and to inform the parties of important actions in the case by issuing appropriate process at the request of the parties or their attorney(s).  Cases are assigned to a specific court on a rotating basis.   New Office of Court Administration reporting requirements necessitate that prescribed case cover sheets be submitted with each new petition filed. (Forms are available for downloading under "Relevant Forms" below.)

Electronic Filing

  • Effective May 19, 2014, civil case documents may be filed electronically through EFileTexas.gov.
  • Effective January 1, 2015, by order of the Texas Supreme Court, all civil case documents must be filed electronically and no documents will be accepted over the counter or through the mail except those filed by Prose litigants.

FILING FEES

**New Fees become effective January 1, 2018 (see downloads under "Relevant Forms" below.)

Fees are due and payable at time of filing.

Initial Filing of a Family Law Case

Basic Charge-Dissolution of Marriage

$252.00

Basic Charge-All other Family Law Cases

$237.00

Each Citation Issued

$4.00

Each in county service by Constable or Sheriff

$85.00

Each service by Certified Mail $85.00

CAR Fund Fee (paid at time Petition for Adoption** is filed and an extra copy of the petition must be provided)

$15.00

Subsequent Filing Procedure
All documents, other than process issued by the clerk at the direction of the parties, are prepared by the parties or their attorneys and filed directly with the clerk to be presented to the court for consideration.

Action Other Than Original (CrossActions/Modifications/Interventions

$85.00

Garnishment after Judgment $15.00

Subpoena - Before Judgment

$5.00

Citation

$4.00

Notice

$4.00

Writ

$4.00

Commission to Take Deposition

$4.00

Execution

$4.00

Any other document authorized and issued by the Clerk

$4.00

Issuance of Documents (after judgment)

 

Writ of Attachment

$5.00

Any other document authorized and issued by the Clerk

$5.00

Jury Fee (due before trial date can be set)

$40.00

Service of Process by Constable or Sheriff
Fees for service of process performed by a Johnson County Constable or an officer of the Sheriff's Department.

Subpoena

$85.00

Summons

$85.00

Writ of Attachment

$175.00

All Court Citations

$85.00

Notices (Show Cause, Trustee Sale, etc.)

$85.00

All Restraining Orders/Injunctions

$85.00

Warrants

$50.00

Posting of Notices/Citations

$50.00

Fingerprinting Fee

$10.00

Service of Process by Authorized Person other than Constable or Sheriff: Process may be served in many instances by a private citizen authorized by order of the court to provide this service.  In order to qualify, the person must be 18 years of age or older, have no interest in the case, and have on file with the appropriate court an affidavit stating these facts; or be certified by the Texas Supreme Court.  An ‘Order for Rule 103' for the judge's signature must be presented with each request for such service.

Service of Process by Certified Mail by the Clerk: Upon request of the party requesting issuance of process, the clerk will serve the citation by mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached.  The fee for service by certified mail is $85.00.

Waiver of Service: A party to a suit for the dissolution of a marriage may waive the issuance and service of process after the suit is filed by filing with the clerk a waiver by the party acknowledging receipt of a copy of the filed petition.  The waiver must contain the mailing address of the party who executed the waiver and be sworn to after the date of filing of the original petition.  (Family Code Sec. 6.4035)

Citation by Publication: Service of citation may be by publication upon filing of an affidavit stating the whereabouts of the defendant is unknown.  Process is issued by the clerk and returned to the party or the party's attorney for publication in the appropriate publication.  A publisher's affidavit must be filed with the clerk.   In suits in which a parent-child relationship does not exist, service by publication may be completed by posting the citation where public notices are posted in the courthouse for seven days ($45.00 posting fee).

**Adoptions: Pursuant to Family Code Sec. 102.013(b) ,in a suit affecting the parent-child relationship which requests the adoption of a child, the clerk shall file the suit and all the papers relating to the suit in a new file having a new docket number and are closed records (Family Code Sec. 162.022).  The fee for filing an adoption petition is that of an original filing plus the CAR Fund Fee and any fees for issuance and service of process requested.

All fees are due and payable at time of service.  Personal checks are not accepted.  Attorney's business checks are accepted.  Visa and Master Card credit cards accepted.   Fees may be applied to the credit card via telephone or mail by supplying the account number, expiration date, and card holder's zip code.

Relevant Forms:

 

For information concerning the status or disposition of specific family law cases, please call (817)556-6323 Ext 1311 or (817)556-6323 Ext 1314.  Copies and/or name searches may be obtained by calling (817)556-6323 Ext 1316.


Civil Cases

Civil cases deal with disputes between private parties. By definition it is a “personal action instituted to compel payment or the doing of some other thing which is purely civil.” In a civil case the purpose of the ‘Plaintiff’ or ‘Petitioner’ is to obtain a judgment for payment of money or for compelling or enjoining a specific action.

Jurisdiction

The County Courts At Law of Johnson County has jurisdiction in civil cases where the dollar amount in controversy exceeds $200.00 and is less than $200,000.00, all eminent domain cases, and has appellate jurisdiction over civil causes originally heard in justice courts.

Procedure for Initial Filing

The initiation of a civil suit is always at the option of the plaintiff by filing an original petition with the clerk of the court.   The petition sets out exactly who the defendant(s) is and what actions have allegedly been performed by the defendant(s) which caused damage to the plaintiff.  The attorney's for the parties prepare all instruments in a civil case except for the clerk's processes.  The role of the clerk is to record these instruments, make them available to the court as requested, and to inform the parties of important actions in the case by issuing appropriate process at the request of the parties' attorney.  Cases are assigned to a specific court on a rotating basis.   New Office of Court Administration reporting requirements necessitate the submitting of prescribed case cover sheets with each new Petition. (Forms are available for downloading under "Relevant Forms" below.)

Electronic Filing

  • Effective May 19, 2014, civil case documents may be filed electronically through EFileTexas.gov.
  • Effective January 1, 2015, by order of the Texas Supreme Court, all civil case documents must be filed electronically and no documents will be accepted over the counter or through the mail except those filed by Prose litigants.

FILING FEES

**New Fees become effective January 1, 2018 (see downloads under "Relevant Forms" below.)

Fees are due and payable at time of filing.

Initial Filing of a Civil Case

Basic Charge

$237.00

Each Citation Issued

$4.00

Each in-county service by Constable or Sheriff

$85.00

Occupational Driver's License

$247.00

Application for Non-Disclosure

$265.00

Subsequent Filing Procedures
All documents, other than process issued by the clerk at the direction of the parties, are prepared by the attorneys and filed directly with the clerk to be presented to the court for consideration.

Action Other Than Original (Cross Actions/Modifications/Interventions)

$85.00

Issuance of Documents (before judgment)

 

Subpoena

$5.00

Citation

$4.00

Notice

$4.00

Writ

$4.00

Commission to Take Deposition

$4.00

Execution

$4.00

Any other document authorized and issued by the Clerk

$4.00

Issuance of Documents (after judgment)

$5.00

Abstract of Judgment

$5.00

Execution

$5.00

Order of Sale

$5.00

Writ

$5.00

Any other document authorized and issued by the Clerk

$5.00

Jury Fee (due before trial date can be set)

$40.00

Service of Process by Constable or Sheriff
Fees for service of process performed by a Johnson County Constable or an officer of the Sheriff's Department.

Subpoena

$85.00

Summons

$85.00

Writ of Attachment

$175.00

Writ of Garnishment

$17500

Writ of Possession (+ $30.00/hr. after first 2 hrs)

$17500

Forcible Detainer

$85.00

All Court Citations

$85.00

Notices (Show Cause, Trustee Sale, etc.

$85.00

CITS Restraining Oder

$85.00

Writ of Sequestration

$175.00

Writ of Execution

$175.00

Orders of Sale

$175.00

Warrants (non-criminal)

$50.00

Posting of Notices/Citations

$50.00

Fingerprinting Fee

$10.00

Service of Process by Authorized Person other than Constable or Sheriff: Process may be served in many instances by a private citizen authorized by order of the court to provide this service.  In order to qualify, the person must be 18 years of age or older, have no interest in the case, and have on file with the appropriate court an affidavit stating these facts; or be certified by the Texas Supreme Court.  An ‘Order for Rule 103' for the judge's signature must be presented with each request for such service.

Service of Process by Certified Mail by the Clerk: Upon request of the party requesting issuance of process, the clerk will serve the citation by mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the application/motion attached.  The fee for service by certified mail is $85.00.

All fees are due and payable at time of service.  Personal checks are not accepted.  Attorney's business checks are accepted.  Visa and Master Card credit cards accepted.   Fees may be applied to the credit card via telephone or mail by supplying the account number, expiration date, and card holder's zip code.

Relevant Forms:

  • Civil Case Information Sheet - Fill In
  • Civil Case Information Sheet - Printable
  • Civil Case Information Sheet Instructions
  • E-File Requirements and FAQs
  • Fee Schedule Effective September 1, 2017
  •  

     

    For information concerning the status or disposition of specific civil cases, please call (817)556-6323 Ext 1311 or (817)556-6323 Ext 1314.  Copies and/or name searches may be obtained by calling (817)556-6323 Ext 1316.


    Misdemeanor Cases & Traffic Appeals

    Misdemeanors

    The clerk's duties in criminal cases include the filing of cases as presented by the County Attorney, issuing processes as directed by the state or the defendant, maintaining the court's files, collecting costs and fines, arranging for commitments and appeals, and reporting dispositions to the State of Texas.  Some of the most typical misdemeanor cases are: 

    • Driving while intoxicated
    • Driving while under the influence of drugs
    • Driving while license suspended
    • Theft over $20 and under $500
    • Theft by check over $20 and under $500
    • Possession of dangerous drugs (other than narcotics)
    • Possession of drug paraphernalia
    • Assault
    • Fleeing a peace officer by operator of motor vehicle
    • Carrying a prohibited weapon
    • Destruction of private property
    • Criminal negligent homicide

    Court costs and fines assessed on misdemeanor cases are paid through the Collection Department.  Probation fees, restitution and other assessed fees are paid through the Johnson/Somervell County Community Supervision Department.

    For information concerning the status or disposition of specific misdemeanor cases, please call (817)556-6323 Ext 1326.  Copies and/or record searches can be obtained by calling (817)556-6323Ext. 1316.

    Traffic Appeals

    Traffic violations received by appeal from a lower court (Justice of the Peace or Municipal Court) are heard by the County Courts At Law.  These cases are forwarded to the County Clerk by the clerk of the lower court upon the perfecting of an appeal with their office.  Anyone wishing to appeal a traffic conviction to the county level must complete the required paperwork and provide an appeal bond to the lower court.

    Court costs and fines assessed on traffic appeal cases are paid through the Collection Department. 

    For information concerning the status or disposition of specific traffic appeal cases, please call (817)556-6323 Ext 1322.  Copies and/or record searches may be obtained by calling (817)556-6323 Ext 1316.


    Eminent Domain Cases

    In Johnson County all ‘Eminent Domain' cases are filed with the County Clerk and are heard by a board of special commissioners appointed by the presiding judge of the court in which the case is filed.  Once the application is filed and the fees paid, the condemning party must contact the appropriate Civil Court Coordinator to get the board appointed and set a hearing date.  Cases are assigned to a specific court on a rotating basis.  New Office of Court Administration reporting requirements necessitate that prescribed case cover sheets be submitted with each new application or petition.   Forms available for downloading at the bottom of this page. After the special commission rules any party not satisfied with the award may file an ‘Objection' to the award.  Upon filing of the ‘Objection' the case will then be heard by the presiding judge for that court.

    Electronic Filing

    • Effective May 19, 2014, civil case documents may be filed electronically through EFileTexas.gov.
    • Effective January 1, 2015, by order of the Texas Supreme Court, all civil case documents must be filed electronically and no documents will be accepted over the counter or through the mail except those filed by Prose litigants.

    FILING FEES

    **New Fees become effective January 1, 2018 (see downloads under "Relevant Forms" below.)

    Fees are due and payable at time of filing.

    Application (paid by the condemning party)

    $237.00

    Objection to Award (paid by objecting party)

    $85.00

    If process is requested to be issued or service performed fees are due as in any other civil case.

    All fees are due and payable at time of service.  Personal checks are not accepted.  Attorney's business checks are accepted.  Visa and Master Card credit cards accepted.   Fees may be applied to the credit card via telephone or mail by supplying the account number, expiration date, and card holder's zip code.

    Relevant Forms:

    For information concerning the status or disposition of specific cases, please call (817)556-6323 Ext 1311 or (817)556-6323 Ext 1314.  Copies and/or name searches may be obtained by calling (817)556-6323 Ext 16.


    Adoption Cases

    Pursuant to Family Code Sec. 102.013(b) ,in a suit affecting the parent-child relationship which requests the adoption of a child, the clerk shall file the suit and all the papers relating to the suit in a new file having a new docket number and are closed records (Family Code Sec. 162.022).  In cases in which a court already has jurisdiction over the child the case will be assigned to that court.  Where no previous jurisdiction exists the case will be assigned to a court on a rotating basis.   New Office of Court Administration reporting requirements necessitate that prescribed case cover sheets be submitted with each new petition.  Feel free to begin using the cover sheets at any time, however they will become mandatory May 1, 2009. 

    Electronic Filing

    • Effective May 19, 2014, civil case documents may be filed electronically through EFileTexas.gov.
    • Effective January 1, 2015, by order of the Texas Supreme Court, all civil case documents must be filed electronically and no documents will be accepted over the counter or through the mail except those filed by Prose litigants.

    FILING FEES

    **New Fees become effective January 1, 2018 (see downloads under "Relevant Forms" below.)

    Fees are due and payable at time of filing.

    Filing an Original Adoption Petition
    The fee for filing an adoption petition is that of an original filing plus the CAR Fund Fee and any fees for issuance and service of process requested.

    Basic Charge

    $237.00

    Each Citation Issued

    $4.00

    Each in county service by Constable or Sheriff

    $85.00

    Each service by Certified Mail $85.00

    CAR Fund Fee (paid at time Petition for Adoption** is filed and an extra copy of the petition must be provided)

    $15.00

    Subsequent Filing Procedure
    All documents, other than process issued by the clerk at the direction of the parties, are prepared by the parties or their attorneys and filed directly with the clerk to be presented to the court for consideration.

    Action Other Than Original (Cross Actions/Modifications/Interventions

    $85.00

    Issuance of Documents (before judgment)

     

    Subpoena

    $5.00

    Citation

    $4.00

    Notice

    $4.00

    Writ

    $4.00

    Commission to Take Deposition

    $4.00

    Execution

    $4.00

    Any other document authorized and issued by the Clerk

    $4.00

    Issuance of Documents (after judgment)

    $5.00

    Writ of Attachment

    $5.00

    Any other document authorized and issued by the Clerk

    $5.00

    Jury Fee (due before trial date can be set)

    $40.00

    Service of Process by Constable or Sheriff
    Fees for service of process performed by a Johnson County Constable or an officer of the Sheriff's Department.

    Subpoena

    $85.00

    Summons

    $85.00

    Writ of Attachment

    $175.00

    All Court Citations

    $85.00

    Notices (Show Cause, Trustee Sale, etc.

    $85.00

    CITS Restraining Oder

    $85.00

    Warrants

    $50.00

    Posting of Notices/Citations

    $50.00

    Fingerprinting Fee

    $10.00

    Service of Process by Authorized Person other than Constable or Sheriff:   Process may be served in many instances by a private citizen authorized by order of the court to provide this service.  In order to qualify, the person must be 18 years of age or older, have no interest in the case, and have on file with the appropriate court an affidavit stating these facts; or be certified by the Texas Supreme Court.  An ‘Order for Rule 103' for the judge's signature must be presented with each request for such service. 

    Service of Process by Certified Mail by the Clerk:   Upon request of the party requesting issuance of process, the clerk will serve the citation by mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached.  The fee for service by certified mail is $85.00.

    Waiver of Service:   A party to a suit for the dissolution of a marriage may waive the issuance and service of process after the suit is filed by filing with the clerk a waiver by the party acknowledging receipt of a copy of the filed petition.  The waiver must contain the mailing address of the party who executed the waiver and be sworn to after the date of filing of the original petition.  (Family Code Sec. 6.4035)

    Citation by Publication:   Service of citation may be by publication upon filing of an affidavit stating the whereabouts of the defendant is unknown.  Process is issued by the clerk and returned to the party or the party's attorney for publication in the appropriate publication.  A publisher's affidavit must be filed with the clerk.   In suits in which a parent-child relationship does not exist, service by publication may be completed by posting the citation where public notices are posted in the courthouse for seven days ($45.00 posting fee).

    All fees are due and payable at time of service.  Personal checks are not accepted.  Attorney's business checks are accepted.  Visa and Master Card credit cards accepted.   Fees may be applied to the credit card via telephone or mail by supplying the account number, expiration date, and card holder's zip code. 

    Relevant Forms: 

  • Civil Case Information Sheet - Fill In
  • Civil Case Information Sheet - Printable
  • Civil Case Information Sheet Instructions
  • E-File Requirements and FAQs
  • Fee Schedule Effective September 1, 2017
  •  

    For information concerning the status or disposition of specific family law cases, please call (817)556-6323 Ext 1311 or (817)556-6323 Ext 1314. 


    Juvenile Cases


    Mental & Substance Dependency Commitment Cases

    Closed to public inspection pursuant to Health & Safety Code Sec. 571.015


    Registry of Court and Custodial Accounts

    Registry of Court and Custodial Accounts

    Certain funds may be ordered by the courts to be deposited into the Registry of the Court account or into separate or interest bearing accounts.  The County Clerk acts only in a custodial capacity in relation to these accounts and is not the trustee for the beneficial owner of these funds.  A court order signed by the Judge is required prior to any funds being deposited.

    Requirements for Investment of Funds

    Pursuant to Chapter 117 of the Local Government Code and requirements of the County's financial institution, the following requirements must be met before any funds can be invested in interest bearing accounts.  Placing funds in the Registry of the Court does not automatically place the funds in an interest bearing account.  The Registry of the Court is not an interest bearing account.  An interest bearing account may be established if the following requirements are met.

     Requirements: 

    1. Signed Judgment or Order directing funds be invested in an interest bearing account as opposed to just "Registry of the Court".
    2. Completed "Data Required for Investment of Funds" form which may be obtained from the County Clerk.*
    3.  Funds to be invested.*

    *Please provide the form and funds together if possible.

    Upon filing of the required Judgment or Order and receipt of the completed ‘data' form and funds, the clerk will open the account(s) at the County's depository.  The county depository cannot pay interest on funds that are not accompanied by a Tax ID number or Social Security number of the person to whom the interest income shall be taxed by the Federal Government.   Funds cannot be deposited in interest bearing accounts under Johnson County's Tax ID number.

    The beneficiary and other interested parties will be notified of account information within 10 days of opening of the account(s).  The beneficiary (or beneficiary's guardian) will receive a 1099 form annually from this office.  Change of address information should be provided in writing to the County Clerk, Court Section, PO Box 662, Cleburne, Texas  76033.  If  the beneficiary or beneficiary's guardian does not receive notice of the opening of the account or the annual 1099, such beneficiary or beneficiary's guardian should promptly contact the County Clerk's office.

    Requirements for Withdrawal

     Funds may only be withdrawn from the Registry of Court account or an interest bearing account upon filing of a recently signed "Order to Release Funds".  A judgment or order to deposit funds stating when the funds may be released to the beneficiary is not sufficient for the depository to release the funds to the beneficiary.  The County Clerk will release the funds to the beneficiary only upon presentation of a current, valid form of identification (driver's license, picture ID, or two forms of ID without a picture).  The funds may be released to the beneficiary's attorney.  As only two clerks in the office are authorized to open or close accounts, please allow 2 to 3 days from the date the order is received for administering these accounts.

    Administrative/Accounting fees

    To compensate the county for the accounting and administrative expenses incurred for maintaining the accounts the following fees will be withheld at the time of withdrawal:

    • 5% of total withdrawn not to exceed $50.00 on funds in the Registry account. (Local Government Code 117.055)
    • 10% of total interest earned in any separate or interest bearing account. (Local Government Code 117.054)

    It is the responsibility of the beneficiary, the beneficiaries guardian, or his/her attorney to ensure that the proper documents, information required for investment of funds, and the funds themselves are received by the clerk.

    Relevant Forms:

    For further information contact Karen Alexander at (817)556-6323 Ext 1302.

    Free viewers are required for some of the attached documents.
    They can be downloaded by clicking on the icons below.

    Acrobat Reader Flash Player QuickTime Windows Media Player Microsoft Silverlight Word Viewer Excel Viewer PowerPoint Viewer