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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?

Houston, TX |

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

Attorney Answers 3

Posted

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.

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Posted

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 and no attorney/client relationship exists in this forum.

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Posted

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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