Eviction Form (pdf)

An eviction case is a lawsuit brought to recover possession of real property, often by a landloard 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 $20,000 excluding statutory interest and court costs but including attorney fees, if any. (Governed by Rules 500-507 and 510 of Part V of the Rules of Civil Procedure. To the extent of any conflict between Rule 510 and the rest of Part V, Rule 510 applies).

How to File an eviction

When an eviction has been filed against you

Notice to Vacate

Tenant's Rights Handbook

Texas Rules of Civil Procedure

New Rules for Justice Courts

Motion for Dismissal

Release of Judgment

Statement of Inability to Afford Court Costs

Document Fee Schedule

Document Title

Filing Fee (1)

Issuance Fee (2)

Service Fee (3)

Debt Claim Petition $46.00 N/A $85.00
Eviction Petition $46.00 N/A $85.00
Abstract of Judgment (per page) $5.00 N/A N/A
Subpoena (plus $10 attached to the summons for each witness) N/A N/A $85.00
Repair and Remedy Petition $46.00 N/A $85.00
Small Claim Petition $46.00 N/A $85.00
Writ of Execution N/A $5.00 $275.00
Writ of Garnishment $46.00 $5.00 $275.00
Writ of Possession (per hour) N/A N/A $80.00
Writ of Restoration of Utility Service $46.00 $5.00 $85.00
Writ of Re-Entry $46.00 $5.00 $85.00
Writ of Retrieval $46.00 N/A $85.00
Towing Administrative Hearing $41.00 N/A $30.00

(1)"Filing Fees" are charged per case filed, not by the number of persons/parties named in the lawsuit or claim.

(2)"Issuance Fees” are charged per post-judgment writ issued

(3)"Service Fees" must be multiplied by the number of person/parties to be served. The above quoted service fee amount is for service by Guadalupe County Constables. The cost of service by other agencies my differ.

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