Brazoria County Justice of the Peace Courts Service and Proof of Service Rules

CRITICAL

Applies to

Withdrawal motion

If no substitute attorney is appointed, the withdrawal motion must be delivered to the party.

If no other attorney is to be substituted, the motion must be delivered to the party and contact information for the party must be provided in the motion.

CRITICAL

Applies to

Transfer order

A copy of a transfer order must be delivered to each party or the party's attorney of record.

An Order transferring the case shall identify the Court to which the case is being transferred and a copy of the Order shall be delivered to each party or their attorney of record.

CRITICAL

Eviction cases must be filed in the county and precinct where the property is located, and the citation must be served by a constable or sheriff.

Eviction cases must be filed in the county and precinct in which the property subject to the suit is located (TRCP 510.3(b)) and the Citation must be served by the constable or sheriff (510.4(b)).

CRITICAL

Service

Court service

For a defendant who may be served in Brazoria County, the clerk will accept a $75.00 service fee per defendant and forward the citation and petition copy to the constable or sheriff unless the plaintiff requests otherwise.

However, if a defendant may be served in Brazoria County, the Court Clerk will accept the required service fee of $75.00 per defendant and forward the Citation and Copy of the Petition* to the constable or sheriff, unless the plaintiff request otherwise.

CRITICAL

A citation requiring out-of-county service will be returned to the plaintiff, who is responsible for obtaining proper service under the TRCP.

Therefore, any citation requiring out-of-county service will be returned to the plaintiff, who is responsible for obtaining proper service in accordance with the TRCP.

CRITICAL

A copy of a transfer order must be delivered to each party or that party’s attorney of record.

a copy of the Order shall be delivered to each party or their attorney of record.

CRITICAL

Service

Mail to all parties

The court mails the hearing notice to the filing party and all other respondents listed in the petition.

The case is docketed by the court clerk and notice of hearing is mailed to the filing party and all other respondents listed in the petition (i.e. towing company, vehicle storage facility, person/entity/law enforcement agency who authorized the towing, etc.).

WARNING

Court clerks will not verify addresses or send citation service fees to out-of-county offices or entities for the plaintiff.

Court Clerks will not verify addresses or remit citation service fees to out-of-county offices or entities on behalf of the plaintiff.

WARNING

Applies to

Petitions and accompanying documents

Parties in Justice Court suits must provide enough copies of petitions and accompanying documents for all parties being served.

In accordance with Part V of the Texas Rules of Civil Procedure (TRCP), parties in Justice Court suits are responsible for providing an adequate number of copies of petitions and accompanying documents filed with the court for all parties being served.