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Civil Process for Texas


PUBLISHER

ISBN

9781947146457

CURRENT EDITION

2017

VOLUMES

1

AUTHOR:

John Steinsiek

Estimated Next Edition Date

August 30, 2019

From $37.00

To $44.00

In stock

SKU 36185-19

Provides the law, case law which has influenced the interpretation and application of the law, and practical tips for those serving civil process

PRODUCT DESCRIPTION

Author John Steinsiek, a renowned instructor and authority in the field of civil process in Texas, has masterfully created a handbook that can be used in the field or in the classroom. Designed for ease-of-use and quick reference, the handbook provides the user with a practical guide to the service of civil documents. In meticulous format, Mr. Steinsiek provides the process and legal framework which has influenced the interpretation and application of the law, along with practical tips for those serving civil process. The handbook also includes several reference charts to allow the user to answer questions pertaining to jurisdiction, delivery, fees, and documentation requirements.

Each segment provides a definition, a summary of requirements for service, and the necessary information that must be articulated in the return. Included are some examples of service returns for individuals, corporations and an affidavit for alternate service. References are also given for each document covered in this book. In addition, the rules and codes that govern specific documents are identified in text, as is the case law for further guidance in the service or execution of process.

This is a MUST HAVE for anyone serving process in the State of Texas!

ABOUT AUTHOR

John Steinsiek



John Steinsiek is a retired chief deputy of Tarrant County, Texas. His career in law enforcement spanned more than 40 years. Chief Steinsiek has been a member of the North Texas Board for over 20 years and has served on the board of the Texas Justices of the Peace and Constables Association. In 2000, he received “Deputy of the Year” honors from the Texas Justice of the Peace and Constables Association.

TABLE OF CONTENTS

Introduction

About the Author

Abbreviations & Recommended References

Chapter 1 The Start – General Rules and Codes That Govern Process

Establishment of the Individual Rights of Our Citizens – Constitution

Civil Law

Court Clerk Duties

Fees for Service

Costs

Parties Liable for Other Costs

Sheriff/Constable Not Compelled to Execute Out of County Paper Without Fees

How to Collect Costs

Contempt of Court

Establishment of the Texas Rules of Civil Procedure

Computation of Time

Court Jurisdiction

Who Can Serve Process?

Certification for Private Server

Sheriff/Constable Duty to Serve

Constable Duty to Serve

Liability for Refusal or Neglect

Probate Court Documents

Who Can Be Served?

Out of State Documents

Where Can Papers Be Served?

What Can Stop Service?

•  Death

•  Bankruptcy

•  Supersedeas Bond

•  Servicemember Relief Act

Chapter 2 Citation/Subpoenas/Notice

Introduction

Citation Not on Sunday

Citation Flow Chart

Citation Requirements

Service Rules

Sample Returns

Returns – Requirements & Rules

Sample Returns

Citation by Publication

Citation/Notice Probate Courts

Subpoenas – Civil & Criminal

Chapter 3 Prejudgment Writs

Introduction

Bonds

Attachment: Personal Property

Attachment: Real Property

Attachment: Person

Capias

Habeas Corpus

Sequestration

Garnishment

Injunction and Temporary Restraining Orders

Chapter 4 Post Judgment Writs

Introduction

Executions

•  For Money Judgment

•  For Sale of Particular Property

•  For Delivery of Certain Property

•  For Possession or Value of Personal Property

Finance Code

Exempt Property

•  Corporation – None

•  Community vs Separate – Marriage

•  Homestead

•  Personal Property

 Liability Issues

•  Liability Regarding Execution of Writs

•  Duty Toward Seized Personal Property; Liability

•  Improper Endorsement of Writ

•  Improper Return of Writ

•  Failure to Levy and Sale

•  Distribution of Sales Proceed

•  Purchase by Officer Void

•  Improper Sales

•  Failure to Deliver Money Collected

•  Rules Governing Actions Under This Chapter

•  Payment of Damages

•  Duties of Executing Officer

•  Timing of Execution Return

•  Transfer of Writ/No Duty to Levy Outside of County

•  Wrongful Levy

Venditioni Exponas

•  Sale Property after Execution Expires

Turnover Order

Order of Sale

Sale and Levy Procedure

Sale of Forfeited Property

Sale of Personal Property

Sale of Real Property

Chapter 5 Other Writs

Introduction

Certiorari

Habeas Corpus

Mandamus

Venire Facias

Peace Bonds

Protective Orders

Ex Parte Protective Order

Scire Facias

Writ of Possession

•  Non Eviction

•  Eminent Domain

Chapter 6 Landlord Tenant Relations

Introduction

Evictions

•  Citations

•  Writ of Possession

•  Writ of Possession Tax Lien Foreclosure

•  Writ of Restitution

•  Writ of Reentry

•  Lockouts

•  Residential

•  Commercial

Writ of Restoration

Health and Safety Filing

Landlord Lien

•  Residential

•  Commercial and Agricultural

Distress Warrant

Contract for Deed

Chapter 7 Manufactured Housing

Introduction

Attachments, Sequestrations, Writs of Possession, Executions, Orders of Sale

Evictions

•  Citation

•  Writ of Possession

Chapter 8 Tax Suits

Introduction

Tax Citation

Tax Warrants

Delinquent Tax Suits

Real Property

Tax Warrant Requirements — Real Property

Tax Sales

Sale Procedure for Tax Lien Foreclosed

Redemption by Owner

Writ of Possession — Tax Foreclosure

Chapter 9 Estrays

Estrays – Chapter 142 Agriculture Code

Glossary of Terms

Index

Abbreviations

Recommended References