Home > Constables > Precinct 7 > Papers We Serve
Constable, Precinct 7
929 Elm St.
Waco, Texas 76704
Kelly Napier Justice Center
Papers We Serve
The Texas Code of Criminal Procedure classisfies constables and deputy constables
as peace officers. [Art. 212(2), V.A.C.C.P.] Law enforcement officers are licensed
by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE).
[§ 1701.302, V.A.O.C]
Deputies serve civil process, execute writs, and serve
subpoenas for property and people. This includes, but is not limited to, Citations
and other notices such as eviction notices, Writs of Garnishment, Writs of Attachment,
Restraining Orders, Protective Orders, Writs of Possession, Writs of Reentry, Writs
of Sequestration, and Writs of Execution.
The division also has Bailiff duties, which include maintaining
order and courtroom security in the Justice of the Peace courts, carrying out any
orders from the presiding judge, taking any persons into custody as ordered by the judge.
CIVIL PROCEDURES AND DEFINITIONS:
Forcible Entry&Detainer(Eviction) - Provide a summary, speedy, simple,
and inexpensive remedy for determination of who is entitled to possession of real
property and/or post due rent.
The landlord must give a three day written notice to the defendant before filing the
eviction suit. [§ 24.005(a), V.A.Pr.C.] If the eviction is due to a foreclosure
and the purchaser chooses to not continue the lease, the notice must be 30 days.
[ld. at (b).] This notice may be in person, or
by mail at the premises
in question. It may be delivered to the tenant or any person residing at the address
who is 16 years of age or over, or be placed inside the main entry door. [ld.
The eviction suit should be filed in the justice court in the county and precinct
where the real property is located. The landlord may also file an Immediate Possession
Eviction in which will allow the landlord possession after the expiration of six
days from the date the defendant is served. The Immediate Possession Eviction is
enforceable if the defendant fails to file
a counterbond, demand a trial hearing
or default by failing to appear.
After proper notice is given to the tenant, the process of eviction is the same
for residential, commercial, manufactured housing, and homeowner's associations.
The Texas Property Code, the Texas Civil Practice and Remedies Code, and The Rules
of Civil Procedure govern the process, which does not try title or ownership issues
of rental property. The only issue in an
eviction is the right to actual possession,
not the merits of the title.
Writ of Possession - Allows a landlord who prevails in an eviction suit to
take possession of the premises that were in dispute.
The landlord must
request issuance of the writ of possession to complete the legal steps required
to remove a Tenant from the property. Once the writ is issued, the officer will
post a 24 hour notice on the tenant’s door instructing that they remove their contents,
or they will be removed,
and placed at the city curb.
When the writ is executed, order the officer executing the writ to deliver possession
to the landlord, and instruct the tenant, and all occupants to leave the premises.
Citations - Official process by which a plaintiff gives a defendant notice
of suit. The purpose is to give the court jurisdiction over the parties, to
satisfy due process requirements, and to provide the defendant the opportunity to
appear and defend the suite.
Sequestration - The temporary seizure or setting aside of specific property
to which a party to a suit has a claim of ownership. The object of Sequestration
is to allow parties to protect and preserve their property during the suit.
Execution - A writ, issued by a court of competent jurisdiction, commanding
an officer to levy upon the non-exempt property of a defendant, in satisfaction
of a previous judgment rendered by the issuing court.
Order of Sale - A writ by a court of competent jurisdiction, ordering specific
personal or real property to be sold in the same manner as in execution. Exempt
property statutes do not apply to property listed within an Order of Sale. Sometimes
utilized to sell property already in possession of an officer due to the actions
of another type of writ.
Reentry - Allows a commercial or residential tenant to resume possession
of leased premises after an unlawful lockout.
Subpoena - An order issued by the court. It is a command to appear at a certain
time and place to give testimony upon certain matter.
- This links to the fee list adopted by the McLennan County Commissioners' Court.
(You must select your county and year for associated fees)
Precinct 7 takes great pride in servicing our civil papers in a timely manner.
Precinct 7 has the knowledge and know-how to serve our civil papers right the first
In the past six years, Precinct 7 has served over 20,000 civil papers, with revenues
totaling over one million dollars in civil fees for McLennan County. Precinct
7 will be more than happy to answer any civil related questions you may have and
mail you the information upon request. Our main purpose is to serve the public
with the up most courtesy and respect.