Constable Precinct #2 - Services
The function of the Constable´s Department is Civil Service Process and the service of warrants. As provided for in the Code of Criminal Procedure, the Texas Rules of Civil Procedure and other applicable laws, Constables and their deputies may execute and return any process, civil or criminal. This includes any warrant, citation, notice, subpoena, or writ in Comal County, or in certain cases, contiguous counties.
Locally, Constables serve civil and criminal process originating in the Justice of the Peace Courts, District Courts and County Courts-at-Law.
Through state statute, Constables are mandated to attend to the Justice of the Peace Courts in their respective precinct, including providing bailiff services, transporting prisoners and summoning jurors.
The most common services provided by our department are:
Evictions
The following information is a general guideline for having someone evicted from your premises. This eviction process pertains to a landlord-tenant relationship.
| Step 1 |
| The first step to regaining possession of
your property is to issue a 3-day notice to
vacate
(Sample Notice to Quit & Vacate). This notice allows the tenant by law, a
minimum of three days from the day of service to
vacate the premises in which they are holding.
However, if the tenant does not vacate as you
have requested, you are required to proceed as
the law directs. |
| Step 2 |
| A Forcible Entry and Detainer (FE&D) suit may then be filed
with the Justice of the Peace in the precinct where the premises are situated.
The court will then issue a citation directed to the defendant commanding him to
appear before the Justice of the Peace at a time being not less than six days,
no more than ten days from the date the Constable serves the FE&D citation. It
is suggested that you consult with or retain your attorney before proceeding
with the FE&D suit. However, it is not necessary to consult an attorney or have
an attorney present. |
| Step 3 |
| In the event the Court renders a judgment in your behalf when you come to court, a Writ of Possession will be issued on the sixth day after you have been to court, if you so request. This paperwork is given to the Constable´s Office and they will set up a time in which to meet with the property owner at the premises to deliver possession of the premises. The property owner is required to secure the necessary labor to remove the furniture, etc., from the premises. |
Warrants
The Constable Office Precinct 2 Division serves all warrants received from the Justice of the Peace Court. The Justice of the Peace Court issues a warrant of arrest for an individual who fails to comply with a court order to pay a fine or return property.
Once a warrant is issued by the Justice of the Peace Court, the person may be arrested on the warrant at any time. Our office mails a warrant post card to the person, requesting that the fine or matter be resolved and informs the person that a warrant of arrest has already been issued.
If the person named in the warrant is local an attempt is made to contact that person at their place of residence and work. All information available on the person is used in order to successfully comply with the warrant. Once a person has been arrested on a Justice of the Peace warrant, they will be given an opportunity to pay the fine and comply with the warrant or spend time in the Comal County Jail.
A common misconception is that a warrant will not remain active (on a persons record) after a few years have passed. This is false. A warrant will remain active (on a persons record) until that person takes the appropriate actions to resolve the warrant.