Civil Process for Texas, 2015-2016 Edition

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The most useful field manual and training tool for law enforcement personnel and civil process servers.

Author John Steinsiek, a renowned instructor and authority in the field of civil process in Texas, has masterfully created a handbook that can be used in the field or in the classroom. Designed for ease-of-use and quick reference, the handbook provides the user with the law, case law which has influenced the interpretation and application of the law, and practical tips for those serving civil process. The handbook also includes several reference charts to allow the user to answer questions pertaining to jurisdiction, delivery, fees, and documentation requirements.

This is a MUST HAVE for anyone serving process in the State of Texas!

Authors / Contributors

Table of Contents

Table of Contents

Introduction
About the Author
Abbreviations & Recommended References

Chapter 1 The Start – General Rules and Codes That Govern Process
Establishment of the Individual Rights of Our Citizens – Constitution
Civil Law
Court Clerk Duties
Fees for Service
Costs
Parties Liable for Other Costs
Sheriff/Constable Not Compelled to Execute Out of County Paper Without Fees
How to Collect Costs
Contempt of Court
Establishment of the Texas Rules of Civil Procedure
Computation of Time
Court Jurisdiction
Who Can Serve Process?
Certification for Private Server
Sheriff/Constable Duty to Serve
Constable Duty to Serve
Liability for Refusal or Neglect
Probate Court Documents
Who Can Be Served?
Out of State Documents
Where Can Papers Be Served?
What Can Stop Service?
•  Death
•  Bankruptcy
•  Supersedeas Bond
•  Servicemember Relief Act

Chapter 2 Citation/Subpoenas/Notice
Introduction
Citation Not on Sunday
Citation Flow Chart
Citation Requirements
Service Rules
Sample Returns
Returns – Requirements & Rules
Sample Returns
Citation by Publication
Citation/Notice Probate Courts
Subpoenas – Civil & Criminal

Chapter 3 Prejudgment Writs
Introduction
Bonds
Attachment: Personal Property
Attachment: Real Property
Attachment: Person
Capias
Habeas Corpus
Sequestration
Garnishment
Injunction and Temporary Restraining Orders

Chapter 4 Post Judgment Writs
Introduction
Executions
•  For Money Judgment
•  For Sale of Particular Property
•  For Delivery of Certain Property
•  For Possession or Value of Personal Property

Finance Code
Exempt Property
•  Corporation – None
•  Community vs Separate – Marriage
•  Homestead
•  Personal Property

Liability Issues
•  Liability Regarding Execution of Writs
•  Duty Toward Seized Personal Property; Liability
•  Improper Endorsement of Writ
•  Improper Return of Writ
•  Failure to Levy and Sale
•  Distribution of Sales Proceed
•  Purchase by Officer Void
•  Improper Sales
•  Failure to Deliver Money Collected
•  Rules Governing Actions Under This Chapter
•  Payment of Damages
•  Duties of Executing Officer
•  Timing of Execution Return
•  Transfer of Writ/No Duty to Levy Outside of County
•  Wrongful Levy

Venditioni Exponas
•  Sale Property after Execution Expires

Turnover Order
Order of Sale
Sale and Levy Procedure
Sale of Forfeited Property
Sale of Personal Property
Sale of Real Property

Chapter 5 Other Writs
Introduction
Certiorari
Habeas Corpus
Mandamus
Venire Facias
Peace Bonds
Protective Orders
Ex Parte Protective Order
Scire Facias
Writ of Possession
•  Non Eviction
•  Eminent Domain

Chapter 6 Landlord Tenant Relations
Introduction
Evictions
•  Citations
•  Writ of Possession
•  Writ of Possession Tax Lien Foreclosure
•  Writ of Restitution
•  Writ of Reentry
•  Lockouts
•  Residential
•  Commercial

Writ of Restoration
Health and Safety Filing
Landlord Lien
•  Residential
•  Commercial and Agricultural

Distress Warrant
Contract for Deed

Chapter 7 Manufactured Housing
Introduction

Attachments, Sequestrations, Writs of Possession, Executions, Orders of Sale
Evictions
•  Citation
•  Writ of Possession

Chapter 8 Tax Suits
Introduction
Tax Citation
Tax Warrants
Delinquent Tax Suits
Real Property
Tax Warrant Requirements — Real Property
Tax Sales
Sale Procedure for Tax Lien Foreclosed
Redemption by Owner
Writ of Possession — Tax Foreclosure

Chapter 9 Estrays
Estrays – Chapter 142 Agriculture Code

Glossary of Terms
Index

Abbreviations

Recommended References