Civil

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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 have jurisdiction in civil cases where the dollar amount in controversy exceeds $200.00 but is less than $200,000.00. The County Courts at Law also have jurisdiction in all eminent domain cases, and have 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 attorneys for the parties prepare all instruments in a civil case; except for the clerk's processes.

 

FILING FEES

** NEW FEES BECOME EFFECTIVE JANUARY 1, 2018 **

 INITIAL FILING OF A CIVIL CASE
 Basic Charge  $257.00
 Each Citation Issued  $4.00
 Each in-county service by Constable or Sheriff  $85.00
 Occupational Driver's License   $267.00
 Application for Non-Disclosure  $285.00

 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 Judgement

 
 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 Judgement

 
 Abstract of Judgement  $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 Trail 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 by an officer of the Sheriff's Department
 Subpoena  $85.00
 Summons  $85.00
 Writ of Attachment  $175.00
 Writ of Garnishment  $175.00

 Writ of Possession

* + $30.00/hr. after the first 2 hrs. 

 $195.00
 Forcible Detainer  $85.00
 All Court Citations  $85.00
 Notices (Show Cause, Trustee Sale, Etc.)  $85.00
 CITS Restraining Order   $85.00
 Writ of Sequestration  $175.00
 Writ of Execution  $195.00
 Orders of Sale  $175.00
 Warrants (non-criminal)  $50.00
 Posting of Notices/Citations  $50.00
 Fingerprinting Fee  $10.00

 

***ALL fees are due and payable at the time of filing. Personal checks are not accepted. Attorney's business checks are accepted. Visa and Master Cards accepted. Fees may be charged to a credit card via telephone or mail by supplying the account number, expiration date, and card holder's zip code.

 

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.

 

 

Relevant Forms:

 

 

For information concerning the status or disposition of specific civil cases, please call (817)556-6323, Ext 1308 or Ext 1314. Records requests and/or copies may be obtained by calling (817) 556-6323, Ext. 1316.