Hunt County Justice of the Peace Court Document Filing Requirements

CRITICALCivil cases

Applies to

Trial submission

The Return of Service and all accompanying documents are among the minimum documents to submit at trial to receive a judgment.

• Return of Service with all accompanying documents

CRITICALCriminal cases

Applies to

Diversion agreement

The written diversion agreement must identify the diversion period, which may not exceed 180 days, and clearly describe the diversion, offense, and charge.

Must be in writing and identify the period of diversion (not to exceed 180 days) and a clear and concise description of the diversions, including the offense and charge being diverted.

CRITICALCriminal cases

Applies to

Diversion agreement

Diversion agreement terms must be measurable, realistic, and reasonable in light of the listed circumstances and the child’s and community’s interests.

Must be measurable, realistic, and reasonable, considering the circumstances, the child's age and ability, the charge being diverted, the best interest of the child, and the safety of the community.

CRITICALCivil cases

Applies to

Return of service

A copy of any envelope or post-office tracking for a delivered letter returned by the post office must be attached to the return of service.

4. A copy of any envelope or tracking from post office of delivered letter returned by the post office shall be attached to the return of service.

CRITICAL

Applies to

Receiver report

If no funds were recovered, the receiver must provide a termination and discharge order; if funds were recovered, the receiver must provide a written inventory within 30 days after the order terminates.

State that the Receiver shall provide the Court with an Order to Terminate Receivership and Discharge Receiver if no funds were recovered. If funds were recovered, the Receiver shall provide the Court a written inventory of all property taken within 30 days of the termination of an Order

CRITICALCivil cases

Applies to

Document containing sensitive data

For a document not filed electronically, the filing party must put the specified notice on the upper left-hand side of the first page.

if the document is not electronically filed, by including, on the upper left- hand side of the first page, the phrase: "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA."

CRITICAL

Applies to

Proposed order

A proposed post-judgment receiver order must recite compliance with TCPRC 31.002, reference the motion, and include specified judgment, receiver, authority, and exempt-property provisions.

Proposed Orders Appointing a Post-Judgment Receiver must recite that all the necessary conditions and requirements of 31.002 have been met, reference the Motion and include but not limited to: (a) Identifying the specifics of the underlying final judgment (amount awarded as damages, any pre and post-judgment interest, balance due on the judgment at the time of filing, etc.) (b) Provide the name and complete contact information of the Receiver (c) State that the Receiver is granted the authority to take possession of the non-exempt property, sell it and pay the proceeds to the judgment creditor to the extent required to satisfy the judgment (d) State that the Order does not authorize that the property be turned over directly to the judgment creditor (e) Provide language that the Order does not require the turnover of the proceeds of, or the disbursement of, property exempt under any statute and does not compel turnover of the homestead, checks for current wages or cash on hand or other exempt property of the judgment debtor (f) Describe the extent of the Receiver’s authorized powers and authority

CRITICALCriminal cases

Applies to

Diversion agreement

A copy of the diversion agreement must be provided to the child, parent, Administrative Assistant, and Justice of the Peace.

A copy of the agreement must be provided to the child and parent, Administrative Assistant, and Justice of the Peace.

CRITICALCivil cases

Applies to

Trial copies

The plaintiff or plaintiff's counsel must submit copies at trial.

• Copies must be submitted at trial by plaintiff or plaintiff's counsel

CRITICAL

Applies to

Receiver oath

The receiver’s oath of office is required and must be returned to the court within 10 days after the order is signed.

A Receiver’s oath of office is required and shall be returned to the Court within 10-days of the signing of the Order

CRITICALCivil cases

Applies to

Trial submission

A Military Affidavit is among the minimum documents to submit at trial to receive a judgment.

• Military Affidavit

CRITICAL

Applies to

Receiver fee approval request

Before receiving payment, the Receiver must submit a request to the Justice Court for approval.

Again, whatever fee order is initially approved by the Court, before fees are paid and in order to be paid, the Receiver must later submit a request to the Justice Court for approval

CRITICALCriminal cases

Applies to

Written consent

Written consent from both the defendant and the parent is required for diversion eligibility.

Must have written consent of the defendant and the parent.

CRITICALCivil cases

Applies to

Document containing sensitive data

When electronically filing a document that must contain sensitive data, the filing party must designate it as containing sensitive data.

designating the document as containing sensitive data when the document is electronically filed;

CRITICALCivil cases

Applies to

Trial submission

Proof that the defendant owes the debt and the amount owed is among the minimum documents to submit at trial to receive a judgment.

• Proof that Defendant owes the debt and the amount

CRITICAL

Applies to

Turnover order

Turnover and receiver orders must clearly state their terms and the receiver’s duties, authority, and responsibilities so the receiver can follow the order without interpreting it.

All Orders must be clear and concise: (a) written so both the Court and the Receiver have a clear understanding of the terms; (b) understand the extent of the duties/authority and responsibilities of the Receiver; and, (c) provides confidence to the Court that the Order enables the Receiver the ability to understand and follow the Order without having to interpret their duties or the extent of their duties within the Order

CRITICAL

Applies to

Proposed order

Turnover and receiver orders must specify time limitations.

Orders granting Turnover and Receiver must have set time limitations

CRITICALCriminal cases

Applies to

Diversion agreement

The diversion agreement must describe possible outcomes and monitoring, explain that participation is not an admission or plea of guilt, and verify notice of the child’s rights and the child’s knowing, voluntary consent.

Must include: 1. Possible outcomes of successful/unsuccessful diversions; 2. Explanation that participating is not an admission of guilt and that a guilty plea is not required to participate; 3. Explanation of the monitoring process; 4. Verification that the child and parent were notified of the child's rights, including the right to refuse diversion, and that the child knowingly and voluntarily consents to diversion.

CRITICALCivil cases

Applies to

Return of service

The return of service must state the mailing date and results for both the registered-mail and regular-mail sendings.

3. The return of service shall include a statement setting out the date of mailing and the result of the mailing by registered mail, and the date of mailing and results of same by regular mail (i.e., whether the envelope was returned by the post office, the registered mail delivery notification, etc.); and

CRITICALCivil cases

Applies to

Trial submission

A Business Records Affidavit is among the minimum documents to submit at trial to receive a judgment.

• Business Records Affidavit

CRITICAL

Applies to

Proposed order

The order must prohibit the receiver from disbursing recovered funds to the judgment creditor without the debtor’s written consent or a court order.

State that the Receiver shall not disburse to the Judgment Creditor funds recovered by the receiver without the judgment Debtor’s written consent or Court order

CRITICALCivil cases

Applies to

Trial submission

Proof of the current owner of the debt is among the minimum documents to submit at trial to receive a judgment.

• Proof of current owner of the debt

CRITICAL

Applies to

Receiver motion

The receiver application must identify the proposed receiver and provide contact, qualification, compensation, oath, and bond information.

(e) Name and identify the proposed Receiver to include complete contact information; whether the Receiver is an attorney; experience as a Receiver; and a curriculum vitae or resume. (f) Proposed method to compensate the Receiver, fees and costs. (g) Information about a Receiver’s oath and bond.

CRITICALCivil cases

Applies to

Trial submission

A Certificate of Last Known Address is among the minimum documents to submit at trial to receive a judgment.

• Certificate of Last Known Address

CRITICALCivil cases

Applies to

Judgment order

Judgment orders must itemize all costs in dollar amounts before the Judge will sign them.

All costs must be itemized into dollar amounts before the Judge will sign any Judgment orders.

CRITICALCivil cases

Applies to

Judgment order

Judgment orders must state post-judgment interest at the current rate.

Post Judgment Interest must be on the order in the form of the current rate.

CRITICAL

Applies to

Proposed order

An order cannot extend beyond one year without sufficient evidence of essential necessity, and an order based on essential necessity must terminate within five years of issuance.

Without sufficient evidence and showing of essential necessity, no Order will extend beyond one-year after the date of the Order; however, all Orders of essential necessity will terminate 5-years (60 months) from the date of issuance of the Order

CRITICALCriminal cases

Applies to

Diversion agreement

The diversion agreement must identify the child’s and parent’s responsibilities and include their written acknowledgment and agreement.

Must outline identity and responsibilities of the child and parent and contain a written acknowledgement and agreement from the child and the parent.

CRITICAL

Applies to

Receiver motion

A receiver motion must address notice and whether relief is sought ex parte; the courts prefer an opportunity for the debtor to appear and will deny an unsupported ex parte request.

(d) Address notice and opportunity for the creditor to appear for a hearing on the motion or whether the Order is sought ex parte. o Note: These Courts strongly prefer notice and opportunity for the debtor to appear. Any ex parte request absent evidence demonstrating why ex parte is necessary will be denied and require notice of hearing be sent to the debtor.

CRITICAL

Applies to

Turnover application

Turnover applications must provide sufficient evidence, identify and include the final judgment, describe the non-exempt property with enough detail to define the requested relief, and submit evidence that the debtor has non-exempt property, which may be by affidavit.

Applications must contain sufficient evidence that establishes all the necessary conditions and requirements of 31.002 including but not limited to: (a) Information identifying the specifics of the underlying final judgment and an exhibit of the judgment provided; (b) Provide information describing the property as non-exempt and sufficient enough for the Court to understand what is sought and provide some limitation to the Order without requiring the property be specifically identified in the Order. For example, a general laundry-list to provide some limitation to the Order (Note: The property does not need to be property that cannot be readily attached or levied on by ordinary legal process.) (c) The judgment creditor must submit sufficient evidence, which may be by affidavit, that the judgment debtor has non-exempt property subject to the

CRITICALCriminal cases

Applies to

Diversion statistics

The Justice Court must maintain statistics for each authorized diversion strategy.

The Justice Court must maintain statistics for each diversion strategy authorized.

CRITICAL

Applies to

Turnover application

The creditor must present the court that granted the judgment with some evidence of the judgment and the property’s non-exempt status.

The creditor must present to the Court that granted the judgment some evidence of the judgment and property’s non-exempt status;

WARNING

Applies to

Proposed order

Receiver powers should generally be limited and clearly stated; specified financial-account and information-gathering powers are identified as reasonable or acceptable.

(g) Generally, a Receiver’s powers and authority should be limited (h) Reasonable limitations on powers and authority may include the taking of financial accounts such as bank accounts, money market accounts and certificates of deposit or similar accounts owned by the debtor but held by a third party and includes all financial records related to such property (i) Additional powers, such as obtaining information from third-parties holding financial records and obtaining credit reports and related information is acceptable; yet, all powers and authority should be clear, concise and limited

WARNING

Applies to

Proposed order

The order should set out the Receiver’s fees as compensation, reasonable costs and expenses incurred and how these are to be taxed against the debtor in addition to those sums provided for in the judgment

The order should set out the Receiver’s fees as compensation, reasonable costs and expenses incurred and how these are to be taxed against the debtor in addition to those sums provided for in the judgment

WARNING

Applies to

Proposed order

The courts prefer an order terminating the receivership 120 days after issuance, with an exception for an ongoing payment plan and written debtor agreement or a court-granted extension requested by the receiver.

Courts prefer wording that the Receivership terminates 120 days after the date of the Order, unless there is an ongoing payment plan and written agreement with the debtor, or an extension is requested by the Receiver and granted by the Court

WARNINGCivil cases

The filing party must retain an unredacted version during the case and any related appellate proceedings filed within six months after judgment is signed.

The filing party must retain an unredacted version of the filed document during the pendency of the case and any related appellate proceedings filed within six months of the date the judgment is signed.

WARNING

Applies to

Proposed order

The order should state whether a bond is required and, if so, its payee; any court-required bond will be nominal, fair, and reasonable.

The order should set whether a Bond is required, if so to whom it is made payable to; however, if required by the Courts any bond will be nominal, fair and reasonable

INFO

Applies to

Proposed order

A proposed order may set receiver fees at an hourly rate or as a percentage of funds, with a percentage fee subject to later court reasonableness review or the debtor’s written agreement before payment.

Proposed Orders can include Receiver fees to be set at an hourly rate. Other Orders set the fees as a “percentage of the funds” wording yet, also include that the percentage is “subject to a later determination as to the reasonableness by the Court or the judgment debtor’s written agreement before the fee is paid”