How can I determine what is the right JP Court to file an eviction against a tenant. what happen if filed in the wrong location?

Asked 4 months ago - Houston, TX

I think I have filed in the wrong place, what to do?

Attorney answers (3)

  1. Teri A. Walter

    Contributor Level 19


    Lawyers agree

    Answered . Find the right precinct by calling and telling them the address of the property from which you want to evict the tenant.

    If it's filed in the wrong court, there will be unnecessary delay while the case gets transferred.

  2. Cheryl Rivera Smith

    Contributor Level 20


    Lawyer agrees

    Answered . Ms. Walter is correct. It is usually the court nearest the property, but it is best to call the clerk to confirm you have the correct jurisdiction. Your local court should have a website with the phone number.

    Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature... more
  3. Brent Allen Devere

    Contributor Level 12


    Lawyer agrees

    Answered . As one option you could verify the correct precinct by informing the clerk of the defendant's zipcode. If the suit is in the wrong precinct, you could dismiss and refile or request the court to transfer the case to the correct precicnt. There is a DTPA provision about suing in the wrong county for certain types of debts. If you are in the correct county, but wrong precinct, you still might want to consult an attorney. Another issue is the rules require the defendant to object to venue or it may be waived.

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