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									Page 1 – Eviction Suits



                                          Justice Courts of Midland Country, Texas
                                                       400 South Main
                                                   Midland, Texas 79701


     Honorable Joe L. Matlock                 Honorable David M. Cobos               Honorable George D. Zimmerman
     Justice of the Peace, Pct. 1             Justice of the Peace, Pct. 2           Justice of the Peace, Pct. 4
     (432) 688-4721                           (432) 688-4722                         (432) 688-4724


   Information and instructions for filing Eviction Suits. Please read carefully before completing the Petition.

   Prior to filing suit the landlord must serve a proper vacate notice to each person signing the lease. (Must have 2
   copies – One to serve and one for the court.)

   Completing your petition:
   An Eviction Suit must be filed in the precinct where the property is located. It must be typed or printed neatly in
   ink.

   The attached petition covers all causes of action in an Eviction Suit such as owner wants possession, suits for back
   rent, and breach of lease by tenant.

   State tenant(s) full address, including apartment number.

   An Eviction Suit may be joined with a suit for back rent only. The amount actually owed must be $5,000 or less.
   No late fees or damages to the property may be included. For those actions ask for Justice Suit or Small Claims
   information.

   Paragraph 3 of the attached petition describes 3 separate causes of action. The first blank under paragraph 3 is for
   non-payment of rent. The second blank is for breach of the lease by the tenant. If neither is chosen, then the last
   paragraph will cover the cause of action known as “owner wants possession.”

   In paragraph 4 some, none, or all of the blanks may be checked. If one is suing for rents, the amount actually owed
   must $5,000 or less.

   What must be filed:
   Two original copies
   Copy of Notice to Vacate served to tenant(s).
   Military Affidavit

   Always keep track of your case numbers so that you can refer to them when calling our office or purchasing civil
   process. The case number will be on your receipt.

   Evictions may be dismissed only in open court or by letter. We encourage you as agent for the management to do
   this when disposition of this nature has occurred to avoid the sheriff or constable attempting service to those where
   service is not necessary.

   We require a service (physical) address as well as a mailing address for mobile homes and trailer parks.

   You should be familiar with the Texas Supreme Court ruling regarding representation and service in
   Eviction Suits, Texas Rules of Civil Procedure governing Forcible Entry & Detainer (eviction) cases,
   including the 1999 revisions to the rules regarding Discovery Control Plans, specifically TRCP 190.1 and the
   Landlord/Tenant sections of the Texas Property Code. An authorized agent may represent the plaintiff in
   causes of action for non-payment of rent and owner wants possession only. Theses are formal lawsuits and
   the rules of evidence and procedure do apply. Should you have questions, please seek an attorney’s advice.

   Note: Pursuant to the 1999 revisions of the Texas Rules of Civil Procedure (TRPC) by the Texas Supreme
   Court, effective January 1, 1999 every civil case filed shall be governed by a Discovery Control Plan. TRCP
   190.1, states, “Every [civil] case must be governed by a discovery control plan as provided by this Rule. A
   plaintiff must allege (state) in the first numbered paragraph of the original petition whether discovery is
   intended to be conducted under Level 1, 2, or 3 of this rule.”
Page 2- Eviction Suits

As Plaintiff, you will be notified by this office as to the time and date of the trial setting. Be sure to give us your
daytime telephone number. If your telephone or address changes, please notify the court immediately.
If you have procedurals questions regarding the filing of your case, please call our office at 688-4721, 688-4722 or
688-4724.

Should you be granted possession of the property and the defendant fails to move out or appeal to County Court
within 5 days, you may request a Writ of Possession ordering the defendant to move. The Writ may be requested at
the beginning of the 6th day following final Judgment.

This court does not collect the money judgment for you nor can we force an indigent 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. You may request an Abstract of Judgment, Writ of Execution Writ of Garnishment, and
Turnover Order.

An Abstract Judgment puts a lien on any real property the defendant may own in a particular county where the
Abstract is recorded. The Abstract is only valid in the county or counties where it is recorded. This can be obtained
ten days after the date the judgment is signed.

The Writ of Execution may be obtained thirty days after the judgment is signed. This document will authorize the
Sheriff or Constable to seize any assets belonging to the defendant that are subject to this writ. Those assets are then
auctioned at a public sale and the proceeds are applied to the judgment.

A Writ of Garnishment is also available 30 days after the final judgment has been signed. This Garnishment
proceeding is a separate suit wherein you are the plaintiff and the defendant’s bank becomes the defendant. You are
actually suing the bank in which the original defendant has his bank account. You are warning the said bank to
freeze the monetary assets of his account and to appear and make answer to the Garnishment suit. An attorney is
required.

A Turnover Order is available after the judgment is signed and its purpose is to provide a court-ordered means of
reaching property which cannot easily be reached thorough ordinary legal process and which is exempt from
attachment, execution, etc. An attorney should be used because the courts clerical staff will not be able by law to
assist you in drafting the documents that are necessary.

A Subpoena may be requested if you need a witness(s) in your case. Except as provided by Section 22.002, a
witness is entitled to $10 dollars for each day the witness attends court. This fee includes the entitlement for travel
and the witness is not entitled to any reimbursement for mileage traveled. The party who summons the witness
shall pay that witness’s fee for one day, as provided by this section, at the time the subpoena is served on the
witness. The witness fee must be taxed in the bill of costs as other costs.

Fee Schedule for Eviction suits: (No out-of-town checks accepted)

                                                       Court Fees         Sheriff Fees       Total

Filing fee-Defendant in Midland Co.                   $17               $ 60              $ 77
         2 Defendants                                 $17               $120              $137
         Defendant out-of-County                      $17               (call for amount)
Jury Fee                                              $5.00
(Request for Jury must be made and fee paid at least one full day before trial).

Abstract of Judgment                                   $ 7.00
Writ of Possession                                     $ 7.00             $100               $107
Writ of Execution                                      $ 7.00             $100               $107
Subpoena                                               $ 7.00             $ 60               $ 67
Writ of Garnishment                                                       $100               $100
Turnover Order                                                            $100               $100
 Page 3- Eviction Suits




                                    LEGAL VACATE NOTICE

OWNERS NAME: _________________________________________________________

ADDRESS: ________________________________________________________________

CITY/STATE/ZIP: _________________________________________________________

TELEPHONE: ____________________________________________________________

DATE SERVED: ___________________________________________________________

TO: ____________________________________________AND ALL OTHER OCCUPANTS

Being entitled to possession of the following described real estate and premises, I hereby demand
possession of the same from you, to-wit: (full address of premises)
______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Suit for eviction will be filed unless the premises rented to you are vacated with (3) days from
delivery of this notice.


                                               _________________________________________
                                               SIGNATURE (Owner/Agent)


                                               __________________________________________
                                               Print Signature from above



                                               __________________________________________
                                               WITNESS

                                               __________________________________________
                                               Date Witnessed
 Page 4 – Eviction Suits




                                    LEGAL VACATE NOTICE

OWNERS NAME: _________________________________________________________

ADDRESS: ________________________________________________________________

CITY/STATE/ZIP: _________________________________________________________

TELEPHONE: ____________________________________________________________

DATE SERVED: ___________________________________________________________

TO: ____________________________________________AND ALL OTHER OCCUPANTS

Being entitled to possession of the following described real estate and premises, I hereby demand
possession of the same from you, to-wit: (full address of premises)
______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Suit for eviction will be filed unless the premises rented to you are vacated with (30) days from
delivery of this notice.


                                               _________________________________________
                                               SIGNATURE (Owner/Agent)


                                               __________________________________________
                                               Print Signature from above



                                               __________________________________________
                                               WITNESS

                                               __________________________________________
                                               Date Witnessed
Page 5- Eviction Suits



                                              CAUSE NUMBER____________________________

_____________________________________                 §           IN THE JUSTICE COURT OF
 LANDLORD - - OWNER OF REAL PROPERTY                  §           MIDLAND COUNTY, TEXAS
VS.                                                   §
_____________________________________                 §           PRECINCT _______________
AND ALL OTHER OCCUPANTS
                                         PLAINTIFF’S ORIGINAL PETITION FOR EVICTION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES APT. COMPLEX OR OWNER’S NAME                            , hereinafter referred to as “Plaintiff” whether one or more complaining of
TENANT(S) NAME                             , AND ALL OTHER OCCUPANTS of the leased premises hereinafter described, hereinafter
referred to as “Defendant”, whether one or more and for causes of action would respectfully show that Plaintiff is entitled to Possession of the
“Leased Premises” and in support thereof would show the following:
      1.    Plaintiff does business in Midland County, Texas.

      Defendant resides in Midland County, Texas and may be served with process under rule 742 or 742a at the address of the “Leased Premises,
      service address”, which is TENANT ADDRESS [INCLUDE STREET NO. APT. NO. AND CITY Midland County, Texas, or at such other
      places as Defendant may be found. The addresses listed herein are all of the addresses (work or home) of the Defendant known to Plaintiff,
      if any: (other known addresses–please list)

      ANY OTHER ADDRESSES KNOWN TO YOU AT THE TIME OF FILING THIS PETITION MUST BE LISTED IN THIS SPACE.
      MOBILE HOMES AND TRAILER PARKS MUST HAVE PHYSCIAL AND MAILING ADDRESSES:_______________________
          ___________________________________________________________________________________________________
      2.    The Leased Premises are located within the jurisdiction of this Honorable court, the same being within this precinct of Midland
            County Texas.

      3.    Heretofore, Plaintiff entered into an agreement with the Defendant for occupancy of leased premises Defendant has violated the terms
            of that agreement by: (check where applicable)

      _______Failing to pay rent for the period beginning the ___________day of ________________, 20____ and running through the present;
      and/or ___________________________________________________________

      ______Breaching the terms and conditions of the agreement by LIST WHAT THE BREACH WAS AND WHERE IN YOUR AGREEMENT
      (LEASE) THE RULE OR COVENANT THAT WAS BREACHED MAY BE FOUND.

     _______In the event that neither of the above are checked, possession of the leased premises is sought by the Plaintiff under the cause of
      action that the owner wants possession. Defendant went into possession of the leased premises by virtue of the agreement of the parties and
      at present time, remains in possession of the same. Plaintiff has given Defendant a timely notice to vacate as a prerequisite to the filing of
      the lawsuit. Despite this written demand for return of the leased premises. Defendant has failed and refused to comply with said demand
      and is willfully withholding possession of the leased premises at the present time. Accordingly, Plaintiff has terminated the Defendant’s
      right to possession and is entitled to immediate possession of the leased premises.

      4.    In addition to possession of the leased premises, Plaintiff hereby seeks judgment against Defendant for: (check where applicable) IF
            WHAT IS OWED AT THE TIME OF FILING ($5,000 OR LESS)

      ________back rent in the amount or $___________, plus such daily rent as may accrue between the time of filing this petition and the date
      the Defendant vacates the leased premises.

      _______ interest at ten percent until the judgment is paid.

      _______reasonable attorney’s fee if it necessary to employ counsel

                ***10 DAY VACATE NOTICE MUST BE GIVEN IF FILING FOR ATTORNEY’S FEES
      WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that the defendant be cited to answer the complaint and upon final hearing
      hereof, that Defendant be evicted, that restitution of the leased premises be made to the Plaintiff, and Plaintiff recover judgment for the
      amount to which Plaintiff may show this Court that it is entitled to recover, along with such other further relief, both general and special,
      legal and equitable, to which Plaintiff may show entitlement.
                                                                       Respectfully submitted,

                                                                     Plaintiff (Signature) MANAGER, OWNER OF PROPERTY OR ATTORNEY
                                                                     Print Name _______________________________________________
                                                                     Mailing/Address LIST ADDRESS_(PHYSCIAL & MAILING)________
                                                                     Include Zip Code__________________________________________
                                                                     Phone No. __DAYTIME PHONE NUMBER_____________________

      SUBSCRIBED AND SWORN TO BEFORE ME on this the _______________day of __________________________, 20______.

                                                                     ___________________________________________________________
                                                                     Clerk of the Court or Notary Public
  Page 6 – Eviction Suit



                                             CAUSE NUMBER____________________________

_____________________________________                 §           IN THE JUSTICE COURT OF
 LANDLORD - - OWNER OF REAL PROPERTY                  §           MIDLAND COUNTY, TEXAS
VS.                                                   §
_____________________________________                 §           PRECINCT _______________
AND ALL OTHER OCCUPANTS
                                         PLAINTIFF’S ORIGINAL PETITION FOR EVICTION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES_______________                              , hereinafter referred to as “Plaintiff” whether one or more complaining of
____________                               , AND ALL OTHER OCCUPANTS of the leased premises hereinafter described, hereinafter
referred to as “Defendant”, whether one or more and for causes of action would respectfully show that Plaintiff is entitled to Possession of the
“Leased Premises” and in support thereof would show the following:
     1. Plaintiff does business in Midland County, Texas.

     Defendant resides in Midland County, Texas and may be served with process under rule 742 or 742a at the address of the “Leased Premises
     service address”, which is _____________________________________________ Midland County, Texas, or at such other places as
     Defendant may be found. The addresses listed herein are all of the addresses (work or home) of the Defendant known to Plaintiff, if any:
     (other known addresses–please list)
     ________________________________________________________________________________________________________________

     MOBILE HOMES AND TRAILIERS MUST HAVE PHYSICAL ADDRESS (NUMBERED AND MARKED), AS WELL AS_____
     MAILING ADDRESS OR CITATION WILL BE RETURNED TO COURT UNSERVED.__________________________________

     ________________________________________________________________________________________________________________
     2. The Leased Premises are located within the jurisdiction of this Honorable court, the same being within this precinct of Midland County
     Texas.

     3. Heretofore, Plaintiff entered into an agreement with the Defendant for occupancy of leased premises. Defendant has violated the terms of
     that agreement by: (check where applicable)

     _______Failing to pay rent for the period beginning the ___________day of ________________, 20____ and running through the present;
     and/or _________________________________________________________________________________________________________

     ______Breaching the terms and conditions of the agreement by ___________________________________________________________

    ________________________________________________________________________________________________________________
    _______In the event that neither of the above are checked, possession of the leased premises is sought by the Plaintiff under the cause of
     action that the owner wants possession. Defendant went into possession of the eased premises by virtue of the agreement of the parties and
     at present time, remains in possession of the same. Plaintiff has given Defendant a timely notice to vacate as a prerequisite to the filing of
     the lawsuit. Despite this written demand for return of the leased premises. Defendant has failed and refused to comply with said demand
     and is willfully withholding possession of the leased premises at the present time. Accordingly, Plaintiff has terminated the Defendant’s
     right to possession and is entitled to immediate possession of the leased premises.

     4. In addition to possession of the leased premises, Plaintiff hereby seeks judgment against Defendant for: (check where applicable)

     ________back rent in the amount or $___________, plus such daily rent as may accrue between the time of filing this petition and the date
     the Defendant vacates the leased premises.

     _______ interest at ten percent until the judgment is paid.

     _______reasonable attorney’s fee if it necessary to employ counsel

     WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that the defendant be cited to answer the complaint and upon final hearing
     hereof, that Defendant be evicted, that restitution of the leased premises be made to the Plaintiff, and Plaintiff recover judgment for the
     amount to which Plaintiff may show this Court that it is entitled to recover, along with such other further relief, both general and special,
     legal and equitable, to which Plaintiff may show entitlement.
                                                                      Respectfully submitted,

                                                                    Plaintiff (Signature) ___________________________________________
                                                                    Print Name ___________________________________________________
                                                                    Mailing/Address _______________________________________________
                                                                    Include Zip Code_______________________________________________
                                                                    Phone No. ____________________________________________________

           SUBSCRIBED AND SWORN TO BEFORE ME on this the ____________day of __________________________, 20______.



                                                                    ___________________________________________________________
                                                                    Clerk of the Court or Notary Public
  Page 7 – Eviction Suit



                                             CAUSE NUMBER____________________________

_____________________________________                 §           IN THE JUSTICE COURT OF
 LANDLORD - - OWNER OF REAL PROPERTY                  §           MIDLAND COUNTY, TEXAS
VS.                                                   §
_____________________________________                 §           PRECINCT _______________
AND ALL OTHER OCCUPANTS
                                         PLAINTIFF’S ORIGINAL PETITION FOR EVICTION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES_______________                              , hereinafter referred to as “Plaintiff” whether one or more complaining of
____________                               , AND ALL OTHER OCCUPANTS of the leased premises hereinafter described, hereinafter
referred to as “Defendant”, whether one or more and for causes of action would respectfully show that Plaintiff is entitled to Possession of the
“Leased Premises” and in support thereof would show the following:
     1. Plaintiff does business in Midland County, Texas.

     Defendant resides in Midland County, Texas and may be served with process under rule 742 or 742a at the address of the “Leased Premises
     service address”, which is _____________________________________________ Midland County, Texas, or at such other places as
     Defendant may be found. The addresses listed herein are all of the addresses (work or home) of the Defendant known to Plaintiff, if any:
     (other known addresses–please list)
     _________________________________________________________________________________________________________

     MOBILE HOMES AND TRAILIERS PARKS MUST HAVE PHYSICAL ADDRESS AS WELL AS MAILING ADDRESS:______

     ________________________________________________________________________________________________________________
     2. The Leased Premises are located within the jurisdiction of this Honorable court, the same being within this precinct of Midland County
     Texas.

     3. Heretofore, Plaintiff entered into an agreement with the Defendant for occupancy of leased premises. Defendant has violated the terms
     of that agreement by: (check where applicable)

     _______Failing to pay rent for the period beginning the ___________day of ________________, 20____ and running through the present;
     and/or ___________________________________________________________

    ______Breaching the terms and conditions of the agreement by _____________________________________________________

    _________________________________________________________________________________________________________

    _______In the event that neither of the above are checked, possession of the leased premises is sought by the Plaintiff under the cause of
     action that the owner wants possession. Defendant went into possession of the leased premises by virtue of the agreement of the parties and
     at present time, remains in possession of the same. Plaintiff has given Defendant a timely notice to vacate as a prerequisite to the filing of
     the lawsuit. Despite this written demand for return of the leased premises. Defendant has failed and refused to comply with said demand
     and is willfully withholding possession of the leased premises at the present time. Accordingly, Plaintiff has terminated the Defendant’s
     right to possession and is entitled to immediate possession of the leased premises.

     4. In addition to possession of the leased premises, Plaintiff hereby seeks judgment against Defendant for: (check where applicable)

     ________back rent in the amount or $___________, plus such daily rent as may accrue between the time of filing this petition and the date
     the Defendant vacates the leased premises.

     _______ interest at ten percent until the judgment is paid.

     _______reasonable attorney’s fee if it necessary to employ counsel

     WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that the defendant be cited to answer the complaint and upon final hearing
     hereof, that Defendant be evicted, that restitution of the leased premises be made to the Plaintiff, and Plaintiff recover judgment for the
     amount to which Plaintiff may show this Court that it is entitled to recover, along with such other further relief, both general and special,
     legal and equitable, to which Plaintiff may show entitlement.
                                                                      Respectfully submitted,

                                                                    Plaintiff (Signature) _____________________________________________
                                                                    Print Name ____________________________________________________
                                                                    Mailing/Address ________________________________________________
                                                                    Include Zip Code________________________________________________
                                                                    Phone No. _____________________________________________________

           SUBSCRIBED AND SWORN TO BEFORE ME on this the _____________day of __________________________, 20______.

                                                                    ___________________________________________________________
                                                                    Clerk of the Court or Notary Public
Page 8 – Eviction Suit



In addition to the above information, the Service members’ Civil Relief Act has become law. The
legislation, passed by Congress and signed by the President, took effect immediately when it was
signed on December 19, 2003.

When filing any Civil Suits this form must be filled out and accompany the complaint upon filing.
The fees remain the same.


                              DOCKET NO._______________________

                              CASE NO. __________________________

                                                AFFIDAVIT
                                                SEC. 201 (b)

Plaintiff being duly sworn on oath deposes and says that defendant(s):

[ ] is not in the military

[ ] not on active duty in the military and/or

[ ] not in a foreign country on military service

[ ] is on active military duty and/or is subject to the Service members Civil Relief Act of 2003 .

[ ] military status is unknown at this time



                                 ________________________________________________
                                 PLAINTIFF

(Select the applicable title for the jurat’s below)

Subscribed and sworn to before me on this the _____day of __________________,2006.




                                 ________________________________________________
                                 NOTARY PUBLIC IN AND FOR THE STATE OF
                                 TEXAS/CLERK OF THE JUSTICE COURT


Penalty for making or using false affidavit – a person who makes or uses an affidavit knowing
it to be false, shall be fined as provided in title 18 United States Code, or imprisoned for not
more than one year, or both.

								
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