Justice of the Peace

Justices of the Peace must act in a neutral capacity to serve all citizens, law enforcement agencies, merchants, school districts, and various other county and state regulatory agencies who file either civil or criminal actions. Justice Courts must meet all financial and court related reporting requirements of the County and State. As coroner, the Justice of the Peace must accurately, and with efficiency and consideration to all parties, determine cause of death and decide what outside agencies to employ to assist in this responsibility. Justice Courts must comply with all Records Management retention responsibilities that apply. Justice Courts must comply with all requirements related to employee time-keeping, employee evaluations, and workers' compensation laws.

 

Justice of the Peace
Precinct 1, Place 1 Judge Kelly Crow Contact Us
Precinct 1, Place 2 Judge Tricia Krenek Contact Us
Precinct 2, Place 1 Judge Roderick Garner Contact Us
Precinct 2, Place 2 Judge JaPaula Kemp Contact Us
Precinct 3, Place 1 Judge Sonia Rash Contact Us
Precinct 3, Place 2 Judge Kenneth S. Cannata Contact Us
Precinct 4 Judge Keisha "K.T." Smith Contact Us

 

Criminal

Traffic / Non Traffic
In addition to traffic offenses, the Justice of the Peace Court also handles a variety of criminal class C misdemeanors. Some of the more common offenses include: Disorderly Conduct, Assault, Public Intoxication, Minor In Possession of Alcoholic Beverage, and Shoplifting. In cases involving alcohol violations, an alcohol awareness course is usually required. Defendants under 17 years of age are required to appear in Court with their parents.

What Are My Options?

  1. NOT GUILTY PLEA
    A defendant accused of one of these crimes has the right to plead Not Guilty and request a trial by Judge or Jury. And In accordance with your not guilty plea and request for a Judge/Jury Trial, your case will be scheduled for a Pre-Trial Hearing at a later date. At that time you will have an opportunity to meet with the Prosecutor, an Assistant District Attorney from the Fort Bend County District Attorney’s office. If you have hired an Attorney, he/she must be present on this date.
  2. *Attorneys CAN fax Letter of Representation.

Failure to appear for a Pre-Trial Hearing or Judge/Jury Trial on a subsequent date may result in a warrant being issued for your arrest, which can incur additional fine plus court costs, if you are found guilty.

The Judge is prohibited, by Law, from discussing your ticket with you unless you have pled guilty or no-contest or the District Attorney is also present.

 

  1. GUILTY/NO CONTEST PLEA

You may also plead Guilty or No Contest and pay the fine amount listed on the Schedule of Fines, or you may appear on your court date to see about a pay plan or to request community service in lieu of a fine.

Precinct Guide
The Fort Bend County Voter Street Guide is a helpful tool for candidates, officeholders and the general public for determining voting precinct and district assignment to street addresses. Justice of the Peace and Constables use this guide to determine/verify jurisdiction on service addresses.

Open the following link and search by Street Name. Next check the block number, which is located after the zip code. Once you find the street and block number you are searching for, you can find the Precinct number after the Municipality code. The first digit in the precinct number indicates the precinct in which the address is located (i.e. 2096-01 is located in Precinct 2).

Visit the street guide page below:
Part V: The Rules

Rules of Civil Procedure 500-510 (Part V) govern cases filed on or after August 31, 2013, and cases pending on August 31, 2013, except to the extent that in the opinion of the court their application in a case pending on August 31, 2013, would not be feasible or would work injustice, in which event to formerly applicable procedure applies. An Action taken before August 31, 2013, in a case pending on August 31, 2013, that was done pursuant to any previously applicable procedure must be treated as valid. Where citation or other process was issued or served prior to August 31, 2013, in compliance with any previously applicable procedure, the party served has the time provided for under the previously applicable procedure to answer or otherwise respond.

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Rules Of Venue

Where to File? Rules of Venue in Justice Court

If you are uncertain where to file, you will need to consult an attorney.  You can access law books containing information in this section by searching the Texas Constitution and Statutes online.

 

TYPE OF SUIT WHERE TO FILE  
General Rule County and precinct where one or more of the defendants resides
Evictions County and precinct in which all or part of the property is located (no exceptions)
Suit for Rent County and precinct in which all or part of the property is located
Suit on a Tort County and precinct in which they injury occurred  
Suit on a Contract A. Suit on a written contract that promises performance may be brought in the precinct where the work was to be performed.
B. Suit on an oral or written contract for labor actually performed may be brought in the precinct where labor was actually performed.
C. Suit on a contract for goods, services or loans for personal, family or household use may be brought where contract was signed or where defendant resides.
Suit to recover personal property Precinct in which the property is located    
Suit against Corporation or Association Precint where: A. All or part of the cause of action arose
B. The corporation has an agency or representative; OR
C. The principal office is located.
Insurance Companies (15.096) Precinct where: A. All or part of the insured property is located in the case of a property claim;
B. The injured person resided when the injury or death occurred.
For other specific venue provisions Civil Practices and Remedies Code 15.081 to 18.100  
Repair & Remedy Suit

Repair and remedy cases are governed by Rule 500-507 and 509 of Part V of the Rules of Civil Procedure.  To the extent of any conflict between Rule 509 and the rest of Part V, Rule 509 applies.

Repair and Remedy suits must be filed in the Justice of the Peace Precinct where the property affected by Repair/Remedy Condition Related to Habitability of the Premises is located.  It is important to understand that the Judge is neither an advocate for the landlord or tenant, and each case is tried on it's own individual merit.
Court costs in the amount of $126.00 are due at the time of filing (exact change, if cash or by money order only).

If premises are located in Precinct 3  you can file a suit, to enforce the landlord's duty to repair or remedy a condition materially affecting the physical health or safety of an ordinary tenant, in this Court. Once the suit is filed, the court will immediately issue citation directed to the landlord, commanding the landlord to appear before the Judge for a Trial setting.

If the tenant appears at trial and the landlord has been duly served and fails to appear at trial, the judge may proceed to hear evidence.  If the tenant establishes that the tenant is entitled to recover, the judge must render a judgment against the landlord in accordance with the evidence.  The relief sought can be for no more than $10,000, excluding statutory interest and court costs but including attorney fees, if any.

If the tenant fails to appear for trial, the judge may dismiss the lawsuit.

 

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 County Law Library, on the 3rd floor of the Fort Bend Justice Center located at 1422 Eugene Heimann Circle, Richmond, TX 77469, has law books that cover the topics discussed in this section.

The Texas Property Code, Texas Rules of Court, and Civil Practices and Remedies Codes are books of law. Nothing within this web site should be construed as legal advice. You are always encouraged to consult a law book or speak with your attorney concerning legal issues.

Search Texas Constitution and Statutes to access Texas law books cited on this page.

 

Which Precinct Is My Property Located?
The Fort Bend County Voter Street Guide is a helpful tool for candidates, officeholders and the general public for determining voting precinct and district assignment to street addresses. Justice of the Peace and Constables use this guide to determine/verify jurisdiction on service addresses.

 

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Debt Claim Suit

A Debt Claim case is a lawsuit brought to recover a debt by an assignees 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 $10,000.00, excluding statutory interest and court costs but including attorney fees, if any.  Debt Claim cases in Justice Court are governed by Rules 500-507 and 508 of Part V of the Rules of Civil Procedure.  To the extent of any conflict between Rule 508 and the rest of Part V, Rule 508 applies. 

You are responsible for suing the correct party in their correct capacity. Nothing within this section should be construed as legal advice.  Court costs in the amount of $51.00 are due at the time of filing (does not include service fee of $80.00 per defendant).

Once you have filed the petition stating the facts and circumstances of your suit, a citation will be served to the defendant notifying him of the fact that suit has been filed against him in this court.

The citation will order the defendant to answer this suit by the end of the 14th day from the receipt of the citation. If he fails to do so, you then become eligible for a default judgment.  The judge may enter a default judgment without a hearing if the plaintiff submits sufficient written evidence of its damages and should do so to avoid undue expense and delay.  Otherwise, the plaintiff may request a default judgment hearing at which the plaintiff must appear, in person and prove its damages.   

If the defendant answers the suit, this court will refer your case to a Pretrial setting and will notify both parties of the setting by mail. We encourage AGREED Motions for Continuance, as they are automatically approved. Any request for a continuance must be in proper written form and timely filed. This court requires three (3) days written notice for a continuance.

If you have witnesses who will not come to court voluntarily, you may come in one week prior to the trial and ask that a subpoena be prepared to secure their presence. Notarized statements from individuals are of very little value. Personal appearance and testimony is much more beneficial.

Should you receive judgment, the court does not collect the judgment. However, you may request an Abstract of Judgment and/or Writ of Execution to help you in collection of this judgment.

If you have any other procedural question, please call our Civil Department which will try to answer them. Court personnel are strictly prohibited from answering any legal questions. More information about Abstracts and Writs may be found at the law library or the internet site referred to earlier in this section, or by consulting an attorney.

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Small Claims Suit

The amount of debt or damages for which you may sue in a Small Claims case may not exceed the limit of the court, which is $10,000, excluding statutory interest and court costs but including attorney fees, if any. In all civil suits, the defendant has the right to be sued in the county and precinct in which he resides. There are exceptions to this rule.  Please consult Part V of the Rules of Civil Procedure for more information.

Court costs in the amount of $51.00 are due at the time of filing (does not include service fee of $80.00 per defendant).  It is your burden as a plaintiff to sue the defendant in their proper legal capacity, of which there are typically three. They are as follows:

Personally:  Where an individual is responsible to you for damages he may have caused you as an individual.

Proprietor or Partnership:  A business that is not incorporated, but does have on file with the County clerk an assumed name e.g. John Smith d.b.a. Greenhouse Supplies. You may also file against the individual and his business, John Smith ind./dba Greenhouse Supplies. To determine whether or not this person has filed an assumed name, you would contact the County Clerk .

Corporation:  The business which has allegedly caused you damage is incorporated and therefore it is necessary to know the individual's name who is able to accept service on behalf of the corporation. We also need the individual's address. (The authorized agent for service would be listed with the Secretary of State whose phone number is 1-512-463-5555) e.g. Greenhouse, Inc. Serve: John Smith registered agent.

You are strongly urged to discuss your case with an attorney if you are suing a proprietor, partnership, or corporation. You are responsible for suing the correct party in their correct capacity. Nothing within this section should be construed as legal advice.

Once you have filed the petition stating the facts and circumstances of your suit, a citation will be served to the defendant notifying him of the fact that suit has been filed against him in this court.

The citation will order the defendant to answer this suit by the end of the 14th day from the receipt of the citation. If he fails to do so, you then become eligible for a default judgment up until the time an answer is filed.

If the defendant answers the suit, this court will refer your case to the Fort Bend Dispute Resolution Center for mediation and will notify both parties of the setting by mail. We discourage motions for continuance. Any request for a continuance must be in proper written form and timely filed. This court requires three (3) days written notice for a continuance.

If you have witnesses who will not come to court voluntarily, you may come in one week prior to the trial and ask that a subpoena be prepared to secure their presence. Notarized statements from individuals are of very little value. Personal appearance and testimony is much more beneficial.

Should you receive judgment, the court does not collect the judgment. However, you may request an Abstract of Judgment and/or Writ of Execution to help you in collection of this judgment.

If you have any other procedural question, please call our Civil Department which will try to answer them. Court personnel are strictly prohibited from answering any legal questions. More information about Abstracts and Writs may be found at the law library or the internet site referred to earlier in this section, or by consulting an attorney.

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Evictions

Introduction
All eviction suits must be filed in the Justice of the Peace Precinct where the property is located. It is important to understand that the Judge is neither an advocate for the landlord or tenant, and each case is tried on it's own individual merit.  Court costs in the amount of $126.00 are due at the time of filing (additional fees may apply).

If your property is located in Precinct 3 you can file a suit to legally evict someone in this Court. Once the suit is filed, the Judge holds a hearing to determine who has the superior right of possession to the property. By law, you are only allowed to sue for past due rent in an eviction case.

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 County Law Library, on the 3rd floor of the Fort Bend Justice Center located at 1422 Eugene Heimann Circle, Richmond, TX 77469, has law books that cover the topics discussed in this section.

Search Texas Constitution and Statutes to access Texas law books cited on this page.

Which Precinct Is My Property Located?
The Fort Bend County Voter Street Guide is a helpful tool for candidates, officeholders and the general public for determining voting precinct and district assignment to street addresses. Justice of the Peace and Constables use this guide to determine/verify jurisdiction on service addresses.
 

The Eviction Process
There are basically four steps in the Eviction process:

  1. The notice to vacate
    If the landlord alleges a tenant is not paying rent, the Landlord is required by law to give the tenant written notice to vacate the premises. This notice can be delivered to the tenant personally with a witness, by certified mail (return receipt requested) or by any other method allowed by law. Unless your lease specifically states otherwise, the law requires you to deliver the written notice, and then wait three days before filing your suit in Justice Court. This is a legal requirement which must be met and cannot be overlooked.
     
  2. Filing the Suit
    You must file an original petition with the Court and must pay court costs. These court costs pay for filing your suit, your court hearing, and for the Constable to serve the citation. The citation is the notice to the tenant that you are attempting to evict him.
     
  3. Going to Court
    You must go to Court and prove your case by a preponderance of the evidence. Simply filing a suit does not necessarily mean you will win your suit. You should bring all documents and other evidence with you to Court in a well organized fashion. At the hearing, you will have to present evidence to show that you are entitled to possession of the premises.
     
  4. Writ Of Possession
    If you have won your suit in Court, and the mandatory five day appeal period has passed, and the other party is still in the premises, you can file a request for a Writ of Possession in Court. A Writ of Possession is a Court order to the Constable to place you in possession of the property. The Writ of Possession will cost you an additional fee, and may be filled out at our office. The Constable of your particular Precinct can answer your questions about this Writ.

    Search Texas Constitution and Statutes related to evictions.

The Texas Property Code, Texas Rules of Court, and Civil Practices and Remedies Codes are books of law. Nothing within this web site should be construed as legal advice. You are always encouraged to consult a law book or speak with your attorney concerning legal issues.

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eFiling - Pro Se Litigant

Electronic Filing - Pro Se Litigant (Guide & File)

Electronic Filing, a voluntary program, allows attorneys and citizens to file Small Claims, Evictions, Debt Claims, and many other types of Civil Filings electronically over the internet from the convenience of a home or office computer.

This solution greatly increases the efficiency of court operations and allows people to use a credit or debit card to pay for civil court costs. Once your eFiling is accepted by the clerk, you will receive a confirmation message and file-stamped copy via email. You may still file in person at our office or by regular mail.

The following links will Guide a Pro Se Litigant through completing a formal complaint up to and including filing.

Links

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