Contents
Form Example
Justice Court Request for Writ of Reentry and Petition for Damages
This form can be used to file suit in justice court requesting: an emergency issuance of a writ of reentry to
get you back into your home, and damages for an improper lockout which include: actual damages, two month's rent plus $500, reasonable attorney's fees and court costs. Only the justice court can issue a writ of reentry. The form comes with instructions, but see Sue Your Landlord to learn how to file the lawsuit and try the case in justice court.
How to fill in the blanks in the form:
The first blank at the top of the form is the Case Number. When you file the case, the court clerk will assign a number to the case and write that number at the top. You do not need to fill that blank in prior to filing the case.
2 On the right side at the top is the court information. Put the County you are filing suit in the blank and put which Precinct and Place of the justice court you are filing the suit in (e.g., Precinct 1, Place 2, Dallas County, Texas).
Each county often has more than one JP court, so the county is divided into two or more precincts. The easiest way to find out which precinct you are in, is to call one of them nearby and give them the address of the property you are leasing. The court clerk will then tell you which precinct the property is in. For precincts with large populations, more than one JP court is assigned to a precinct. In these precincts, each JP court is assigned a different "Place number." You are allowed to file the case in any "Place" in your precinct. So if there is more than one JP court in your precinct, pick the court that is easy to get to or the one that is friendliest to tenants.
3 Since you are bringing the suit first, you are the Plaintiff. Put your name in the blank for Plaintiff on the left side, and again in the Parties section of the form petition.
4 The landlord is the Defendant. This is probably not the manager of the property. It is best to sue the owner of the property. You have a right to know the name and address of the owner of the property. Often a business entity owns the property (like a corporation, or a limited partnership). If the owner is a business entity, list the entity as the Defendant in the suit and put the name in the blank for Defendant at the top and in the Parties section of the form petition.
5 The address of the Defendant in the Parties section of the form petition needs to be filled in as well. This is the address that a constable will go to serve the Defendant with court papers. So, try to get the correct address and completely list it. The easier it is for the constable to serve the court papers, the faster your case will be heard. You are entitled to know the address of the owner of the property. As we stated above, it is best to sue the owner of the property.
6 Then sign your name at the bottom. Print your name, complete address and phone number below your signature.
Finally, read over the form and make sure it has been filled out completely. Then make two copies of the signed form and take them, with the original to the justice court for filing. The court will keep the original, keep one copy to serve on the Defendant and return one to you with a file stamp for your records. For more information on proceeding with the case, see Sue Your Landlord.
NO. _________________
(filled in by court)
_________________________________, |
) |
IN THE JUSTICE COURT |
PLAINTIFF (Your Name), |
) |
|
vs. |
) |
|
|
) |
PRECINCT ___, PLACE ___ |
|
) |
|
_________________________________, |
) |
|
DEFENDANT (Landlord). |
) |
_________ COUNTY, TEXAS |
PLAINTIFF'S ORIGINAL PETITION AND EMERGENCY APPLICATION FOR
WRIT OF REENTRY
TO THE HONORABLE JUDGE OF THE COURT:
Plaintiff files this original petition and emergency application for writ of reentry in the
I.DISCOVERY
1.Plaintiff intends to conduct discovery under Level 1.
II.PARTIES
2.______________________, Plaintiff, is a resident of the county of this Court, within Texas.
3.______________________, Defendant, may be served at the following address:
_________________________________________________________________.
III.JURISDICTION AND VENUE
4.The amount in controversy is within the jurisdictional limits of this Court, and venue is proper as the cause of action arose in the county of this Court within Texas.
IV. FACTS
5.Plaintiff leased premises from Defendant.
6.Defendant locked Plaintiff out of the premises in violation of Section 92.008 of the Texas Property Code and Defendant has been unable to regain entry.
Plaintiff's Original Petition and Emergency Application for Writ of Reentry
V. CAUSE OF ACTION
7.Defendant is liable to Plaintiff for improperly locking out Plaintiff. Pursuant to Section 92.008 and 92.009 of the Texas Property Code, Plaintiff requests the Court issue a writ of reentry to allow Plaintiff to regain entry to the premises; and two times the monthly rent plus $500, actual damages, and court costs from
Defendant.
VI. REQUEST FOR RELIEF
Plaintiff requests this Court grant the following relief:
a.writ of reentry be immediately issued and executed;
b.two times the amount of the rent, plus $500;
c.actual damages;
d.court costs; and
e.any other relief to which Plaintiff is entitled.
Respectfully submitted,
__________________________
(Your Signature)
__________________________
(Your Printed Name)
__________________________
(Your Address)
__________________________
(Your City, State, Zip)
__________________________
(Your Phone Number)
Subscribed and sworn to before me this ____ day of ________________, 20___.
__________________________
Notary Public, State of Texas
Plaintiff's Original Petition and Emergency Application for Writ of Reentry
More PDF Templates
Business Property Tax Texas - Secured parties with an interest in the property must answer specific questions on the form.
Texas Trs - User-friendly instructions accompany the form to assist with the completion process.
Texas Boat Transfer Form - Ensuring compliance with all requirements is essential for the effectiveness of the form.
Common mistakes
-
Neglecting to leave the Case Number blank: Many individuals mistakenly fill in the case number before filing. This number is assigned by the court clerk upon submission.
-
Incorrectly identifying the court: Failing to specify the correct county, precinct, and place can lead to delays. Always verify this information before submitting.
-
Misidentifying the Plaintiff: Some people forget to list themselves as the Plaintiff in both the initial blank and the Parties section. This is essential for clarity.
-
Improperly naming the Defendant: It’s common to mistakenly sue the property manager instead of the actual owner. Ensure you have the correct name and address of the property owner.
-
Inaccurate address for the Defendant: Omitting or miswriting the Defendant's address can hinder the serving process. A complete and accurate address is crucial.
-
Forgetting to sign the form: Some individuals submit the petition without their signature, which is a critical step. Always sign at the bottom.
-
Omitting contact information: Failing to include your printed name, complete address, and phone number below your signature can lead to communication issues.
-
Not reviewing the completed form: Rushing through the process without double-checking for completeness can result in errors. Always take the time to review the form thoroughly.
-
Not making copies of the petition: Some forget to create copies of the signed form. Having copies is essential for both your records and for serving the Defendant.
-
Ignoring additional instructions: Failing to consult resources like "Sue Your Landlord" for further guidance can lead to misunderstandings about the process. Utilize available resources to ensure a smooth filing.
Key takeaways
When filling out the Texas Plaintiffs Petition form, it's essential to understand a few key aspects to ensure your filing is accurate and effective. Here are some important takeaways:
- Correct Case Number: The case number will be assigned by the court clerk after you file your petition. Therefore, leave the case number blank when you complete the form.
- Precinct and Place Information: Clearly indicate the county, precinct, and place of the justice court where you are filing. This information is crucial for proper jurisdiction and can be obtained by contacting the nearby JP court.
- Identifying the Defendant: Ensure you list the property owner as the Defendant. If the property is owned by a business entity, include the entity's name and address to avoid delays in serving court papers.
- Complete Contact Information: After signing the petition, include your printed name, complete address, and phone number. This information is vital for communication and record-keeping.
By following these guidelines, you can navigate the process of filling out the Texas Plaintiffs Petition form more confidently and effectively.
Steps to Using Texas Plaintiffs Petition
After gathering the necessary information, you can begin filling out the Texas Plaintiffs Petition form. This process involves providing details about the case, the parties involved, and the relief sought. Follow these steps carefully to ensure that the form is completed correctly.
- Leave the Case Number blank. The court clerk will assign this number when you file the case.
- In the court information section at the top right, fill in the County, Precinct, and Place where you are filing the suit. For example, write "Precinct 1, Place 2, Dallas County, Texas."
- Enter your name in the blank for Plaintiff on the left side of the form and again in the Parties section.
- Identify the Defendant, which is typically the owner of the property. Write the owner's name in the Defendant blank at the top and in the Parties section.
- Fill in the address of the Defendant in the Parties section. This address is necessary for the constable to serve the court papers.
- Sign your name at the bottom of the form. Below your signature, print your name, complete address, and phone number.
- Review the form to ensure all sections are filled out completely and accurately.
- Make two copies of the signed form. Take the original and both copies to the justice court for filing.
- The court will keep the original, serve one copy on the Defendant, and return the last copy to you with a file stamp for your records.
After filing the form, you will need to proceed with the case according to the court's instructions. For further guidance, refer to resources like "Sue Your Landlord."