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The eviction-filing procedure for the Wichita County Justice of the Peace courts: grounds, the notice to vacate, the local filing and service fees, the petition contents, the 10-to-21-day trial setting, service, judgment and the writ of possession.
Applies to eviction cases filed in the Wichita County Justice of the Peace courts.
An eviction case recovers possession of real property. General grounds include a lease breach (including nonpayment), holdover, or a tenant-at-will or squatter who fails to surrender on demand. A landlord must give a proper written notice to vacate (generally three days unless the lease provides otherwise) and wait until the notice period expires before filing. In Wichita County the filing fee is $54; a bailiff fee of $26 applies only in JP 1-1 and JP 1-2; the service fee is $125 per defendant. The total is $205 in JP 1-1 and JP 1-2 and $179 in JP 2, 3 and 4, plus $125 for each additional defendant, and the plaintiff pays both the filing and service fees. The sworn petition is filed with the justice of the peace in the precinct where the premises are located and must state the tenants, the address, the grounds, when and how the notice to vacate was delivered, the rent due, and any claim for attorney's fees. The trial is set not less than 10 nor more than 21 days after filing, and the citation is served by a constable or sheriff at least six days before trial. Judgment for the plaintiff awards possession, court costs, delinquent rent and, where recoverable, attorney's fees; late fees and penalties may not be awarded. On demand and payment of the $205 writ-of-possession fee the court issues a writ of possession, which may not issue before the sixth day after judgment.
An eviction case recovers possession of real property. General grounds include a lease breach (including nonpayment), holdover, or a tenant-at-will or squatter who fails to surrender on demand. A landlord must give a proper written notice to vacate (generally three days unless the lease provides otherwise) and wait until the notice period expires before filing. In Wichita County the filing fee is
Reviewer note: Composed 2026-09-06 from the county-site document (read in full). Court-less JP-family filing procedure carrying Wichita-specific fees and instructions (a rule, not a generic explainer).
In justice-court eviction cases: the citation sets a personal-appearance trial day not less than 10 nor more than 21 days after the petition is filed; a written answer is permitted but NOT required (appearing on the trial day is what matters); no trial may be held until 4 days after service; and an appeal must be perfected within 5 days after the judgment is signed.
Policy Regarding Pro Se Applicants — Harris County Probate Courts (Probate Court No. 1 posting) — posted on the court's own website — the court-procedure tier (standing procedures, policies, and preferences the court itself publishes), distinct from the TOPICs-registered local-rules tier (TRCP 3a registration applies to local rules). Operative requirements quoted verbatim; the posted document is the controlling text.