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Justice of the Peace Evictions
You can file a suit to legally evict someone in the Court. Once the suit is filed, the Judge holds a hearing to determine who has the superior right of possession to the property. By law, you are only allowed to sue for past due rent in an eviction case. If you are seeking other remedies (accelerated rent, re-letting fees, damages, utilities, deposit) you will need to file a separate suit.
To begin an action in the Justice Court system, it is recommended that the plaintiff file a Justice Court Petition in writing stating the nature of the Cause of Action, and the damages requested. All forms used to file a petition are found in the Form Downloads section

Disclaimer: The information contained in this section is NOT purported to be all inclusive. Neither is it intended to serve as legal advice. You are strongly encouraged to consult the actual law, or consult with an attorney for answers to your questions.

Smith County Texas
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