Eviction Petition - Wise County printable pdf download

Forcible Entry and Detainer Suits

1. Filing Fee: $191.00

. The amount of the debt for which you may

($41.00 court cost & $150.00 Service Fee)

sue may not exceed the limit of the court, which is $10,000.

2. Eviction Suits MUST be filed in the precinct and county where the property is located or the court has

no other option but to dismiss your case for lack of jurisdiction and you lose your filing fee.

To verify the precinct of the property for which you are filing, you may call the Voter Registrar’s office at 940-626-4453. You need to be

very specific in asking which commissioner precinct the property is located in and give the address.

3. A 3-day notice MUST be given unless the signed lease states otherwise. If the Notice is mailed, tenant

must be given 5 days from mailing date before suit is filed. The suit may be filed after notice has been

given and the time passed. Example of 3-day notice: “(Date)-This is your written notice to vacate these

premises within three (3) days and (give reasons).”

This notice must be delivered personally, by mail, or by posting to the inside of the main entry door…

and must be unconditional.

4. After your affidavit has been filed in this office, you will be given a court date, a citation will be issued

and given to the Constable to be served. The court date will be no less than 10 days, and no more than

21 days from date of service.

5. In court you will be responsible for providing the following information:

• Date lease or rental agreement began. Is agreement still valid on a month to month basis?

• Terms of lease - including rent per month and date rent is due.

• Amount of pure,

, unpaid, back rent that is due through the court

(no utilities or late charges)

date and how it is computed.

• Date that proper written notice to vacate was given to tenant.

6. In summary, state specifically what you are pleading for. Example: I am pleading for possession of

property, back rent in the amount of $____________ and court cost.

7. Be sure and have your lease, copy of vacate notice, and payment records available for the Judge in the

event she asks to see them. The person who delivered the eviction notice must be present for court to

testify if defendant contests the case on grounds that no notice was received.

8. If you accept back rent after your suit is filed, be sure tenant is told that you are going ahead and

prosecuting the eviction suit.

9. If you receive a judgment, the court does not collect the money for you.

10. If the Tenant does not move, or appeal, within 5 days after you have a judgment for possession, you may

file a writ of possession. A writ of possession gives the Constable the authority to move the tenant out.

11. We cannot give legal advice, but we will do our best to answer procedural questions.

12. If filing for other than non-payment of rent, different rules will apply.

Eviction Petition - Wise County