Justice of the Peace Brazos County Precinct 3: Filing and Managing Legal Cases
Location: 1500 George Bush Dr., College Station, TX 77840
Presided over by the Honorable Judge Rick Hill, this court handles civil matters up to $10,000 in controversy, including small claims, deed restriction enforcement, and eviction cases.
Filing a Lawsuit in Brazos County Precinct 3
Jurisdiction and Venue
- Jurisdiction: Covers civil suits for monetary damages, real property possession, and personal property liens, up to $10,000, excluding interest.
- Venue: The lawsuit must be filed where the defendant resides or where the dispute occurred.
Filing Process
- Ensure you state the claim fully with all relevant facts and itemized damages.
- Accurately name the defendant (individual, proprietorship, or corporation).
- Once the petition is filed, the court issues citations to notify the defendant.
After Filing
Service of Citation
The citation must be served to the defendant by a constable or sheriff. Keep track of the process by contacting the court or serving officer.
Answer and Defense
- The defendant has 10 days to file a written answer after being served.
- Failure to respond may result in a default judgment.
Defending Against a Lawsuit
Representation
Individuals, proprietorships, and corporations may represent themselves or hire an attorney.
Discovery Process
The court allows limited discovery, including subpoenas, interrogatories, and evidence requests.
Post-Judgment Remedies
Appeals
- Must be filed within 10 days of the judgment with a proper bond.
- Transcripts are sent to the County Court for further proceedings.
Collection of Judgments
- Abstract of Judgment: Creates a lien on real property owned by the defendant.
- Writ of Execution: Authorizes seizure and auction of non-exempt assets.
- Writ of Garnishment: Enables collection from the defendant’s bank accounts.
- Turnover Writ: Requires the defendant to hand over non-exempt assets or funds.
Texas Exemptions
Protected assets include homesteads, wages, retirement accounts, and personal property up to certain limits. Bank accounts and luxury items are not protected.
