Civil Process and Liability BPOC
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| Title 42 Section 1983 | Civil Liability for officer conduct
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| Potential Agency Liability | Discrimination, Sexual Harassment, Wage/Hour laws, Wrongful Dismissal
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| Governmental Liability | Property Damage, Personal Injury/Death, arising from operation of a motor driven vehicle or equipment
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| If governmental agency is liable, so is . . . | Employee personally liable
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| Contempt of court | Sheriff or other officer neglects/refuses to perform duty, fine $10-$100, Action started by motion from injured party
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| Citation | Official process by which a plaintiff gives a defendant notice of a suit. Gives the court jurisdiction of the parties.
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| Capias | A writ similar to an arrest warrant, a judicial writ commanding a peace officer to take a person into custody to answer specific charges
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| Attachment | The seizure of persons or property so that they will come under the custody and control of the court, by virtue of a writ
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| Answer | A pleading in a civil matter in which one party responds to the claim of another party
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| Affiant | A person who swears to an affidavit or statement
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| Affidavit | Written or printed statement or declaration of facts, made voluntarily and sworn to by an affiant
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| Alternate Service | A court approved method of delivering a court document to an uncooperative defendant
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| Execution | A writ issued by a court of competent jurisdiction, commanding an officer to collect the judgment amount and costs or to levy upon the non-exempt property of defendant
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| Exempt Property | Property specified by statute, which may not be seized or sold to satisfy an execution or attachment
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| Ex Parte Protective Order | May order defendant to vacate premises, Order issued by family court to prohibit defendant from certain acts
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| Injunction | Commands the person to whom it is directed to desist or refrain from an act
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| Personal Property | Articles associated with a person, as opposed to real property (land)
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| Real Property | Land and whatever is general built, growing upon, or affixed to it
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| Re-Entry | Allows tenant to resume possession after an illegal lockout
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| Rules of Civil Procedure | The body of law promulgated by the Texas Supreme Court to establish the manner and means by which civil cases are determined
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| Show Cause | Order issued to a party to appear as directed and present to the court reasons why a particular order should not be acted on
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| Tort | A private or civil wrong or injury, including action for bad faith breach of contract for which the court will provide a remedy in the form of an action for damages
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| Contempt of Court | Fine $500 and/or Jail 6 months, may be reviewed every 6 months. Party remains in jail until they comply with court
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| Courts created in the Texas Constitution | Constitutional County Court, Justice of the Peace Court (JP)
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| Courts created in the legislature | County Courts at law, District Court, Probate Court, Court of appeals, Supreme Court, Court of Criminal Appeals
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| County Courts | Civil suits $200-$200,000
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| District Courts | Civil actions $200 and up, Juvenile matters, Protective orders
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| When can Civil Process never be served | On Sunday
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| 3 Types of attachments | Person
Property
Real Property
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| Only thing wages can be garnished for in Texas | Child Support
However Federal Authorities may Garnish for other reasons
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| Sequestration | Both parties claim an ownership
Commonly known as repossession writs
May only be executed by Sheriff or Constable
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| Writ of Mandamus | Writ instructing you to do something that you had requested to do. No liability for carrying out the instruction
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| Protective order is good for . . . | 2 years in general
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| Writ of assistance | Executed by peace officer, Valid for 30 days
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