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Welcome to Precinct 1
The Precinct 1 Constable's Office is dedicated to serving our community in a fair and impartial manner by working in partnership with our community. We continually strive to provide professional service in response to citizen concerns and complaints. It is the mission of this office to execute all court orders, both civil and criminal, and to support the Justice of the Peace Court as it serves the citizens of Kendall County.
The Constable is an authorized peace officer and is the chief process server of the Justice Court,serving a variety of judicial processes and notices. He is often called upon to serve process for County and even District courts. He is responsible for the safekeeping of property seized under the authority of the Justice Court and exercises a wide range of criminal law enforcement authority including Traffic enforcement, Community Crime Prevention, and investigations.
201 E. San Antonio
Boerne, Texas 78006
Phone: (210) 383-1353
2019 Kendall County Sheriff and Constable Fees
To determine which Precinct provides service to your address, Click Here
A Continual Commitment to Professional Excellence and Community Service
Civil Process is the foundation for all Kendall County Constable Offices due to their responsibility for the delivery and execution of civil process for all Justice of the Peace Courts and also the 451st District Court. Their civil process responsibility includes, but is not limited to:
• Small Claims
• Tax Suits
• Protective Orders
• Restraining Orders
• Writ of Possession
• Writ of Execution
• Writ of Attachment
• Writ of Re-entry
• Writ of Restoration
• Writ of Sequestration
All civil process require personal service unless directed otherwise by the Court. The Constable’s written return advises the respective court of the actions taken in regards to the service of the citation.
Please click here to view the schedule of Constable Service Fees.
Guidelines for the Writ of Possession
Kendall County Constable’s Offices will contact you with the date and time the Writ of Possession will be executed. Please follow the guideline listed below:
within two (2) hours. (Additional fees may be charged after the 2 hours.)
executed in order to change door locks and assist in securing the property.
THE WRIT OF POSSESSION WILL NOT BE ENFORCED WHEN IT IS RAINING, SLEETING, OR SNOWING.
Disclaimer: This not to be considered as legal advice, but only to be used as a guideline.
For any additional questions please contact the Kendall County Constable who is executing the Writ.
What is the Eviction Process in Texas?
Landlords may evict, or forcibly remove, tenants from rental property in specific circumstances under Texas Laws. Both tenants and landlords have rights in these types of proceedings. In order to have a tenant evicted, the landlord must send a written notice to the tenant before filing a complaint in the local court system.
There is more than one situation that allows a landlord to legally evict a tenant under Texas law. A tenant who is behind on the rent stipulated in the oral or written lease agreement or rental contract can be evicted. The actions of the tenant, members of the tenant’s household or family, or guests the tenant invited can also result in eviction if the actions included threats or harm to the landlord, any of the landlord’s employees or other tenants, or damages to the rental premises, or a violation of the lease agreement. In some types of leases, the tenant can be evicted for staying past the termination date of a lease that was not renewed, regardless of payment of rent.
Notice to Vacate
Before filing for an eviction, the landlord is required by law to give a tenant a notice to vacate the premises. According to the Texas statutes, this notice must be in writing and delivered to the tenant personally if the landlord brings a witness. The landlord can also send the notice by certified mail, with a return receipt requested. After the notice is sent, the landlord has to wait three days before filing for eviction in a local justice of the peace court unless the lease specifies a shorter or longer waiting period.
Filing in Court
If the tenant fails to move by the notice to vacate date, the landlord must file an eviction complaint in the appropriate Justice Court depending on the location of the premises, to initiate eviction proceedings. This complaint has to detail why the tenant is being evicted and give a thorough description of the rental property. The landlord can also ask to be awarded any overdue rent, court costs, and legal expenses incurred. The court will not consider late fees or interest imposed by the landlord in awards. The tenant is issued an eviction citation by the court, advising them of their court date.
Writ of Possession
If the judge rules in favor of the landlord in the eviction proceedings, the tenant has five days to vacate the premises. This is the length of the mandatory period the tenant has to appeal the court’s decision. If the tenant is still living on the premises after the five days and has not filed an appeal, the landlord can go to court and request a Writ of Possession. This is an order from a judge to the constable’s office directing that the landlord be given possession of the premises. Officers from the constable’s office can remove the tenant and personal property from the dwelling.
WARNING: Before understanding the legal process for eviction of a tenant, it’s important that landlords understand that there is no other legal way to remove a tenant. A self-help or illegal eviction is when a landlord decides to take matters in his/her own hands without following the procedures prescribed by state and local law. To reiterate, it is ILLEGAL for a landlord to try and remove a tenant without use of the court system, and it should never be attempted, no matter how dire the situation may be.
Landlords should never:
* Change a lock
* Shut off utilities or permit a utility to be shut off
* Remove any of the tenant’s personal property from the premises
Disclaimer: This is not to be considered legal advice, but is only to be used as a guideline.
If you have any additional questions in regards to the eviction process you may want to seek legal advice.
History of Constables
The oldest law enforcement position in the world may be the position of Constable. The Constable position originated in the Eastern Roman Empire. History shows Constables in France at the beginning of the 5th century, where they were known as “Counts of the King’s Stables” and later became known as “Counstables”. The position was usually a person of noble birth. The office of Constable was introduced into England following the Norman invasion of the British Isles in 1088 A.D. and in 1215 the Magna Carta established Justice Courts with “constables”.
By 1765 in England Constables were to arrest lawbreakers, collect taxes, serve civil and criminal papers, and examine the account books of apothecaries. The position of Constable came to America with the establishment of the Plymouth Colony in 1620 and their responsibility was to enforce orders of colonial and county officials in both civil and criminal matters. The position slowly spread throughout the American colonies with the general duty of Constables to “keep the peace”.
Constables in Texas
Constables were the first law enforcement officers in Texas when in 1823 Judge Tumlinson notified Stephen F. Austin he had appointed Thomas Alley a “Constable” with the duty to “summon witnesses and bring offenders to justice”. With the establishment of the Republic of Texas and the Texas Constitution of 1836 the position of Constable was formally established. Constables became “Constitutional Officers” who were elected. When Texas became a state the position of Constable continued with the duties of suppressing riots, unlawful assemblies, keeping the peace, and arresting offenders and bringing individuals before the Justice of the Peace. Constables were the most active law enforcement officials in many counties during the early statehood of Texas. In 1876 it was established a Constable would be elected to serve a small area of a county known as a “precinct” which has continued to present day.
Texas Constables Today
Constables continue to be constitutionally authorized peace officers who have the same arrest powers and duties as Sheriff and municipal police officers and who also have the responsibility of executing civil process for the Justice, County, and District courts. Currently Texas has 666 elected Constables serving in 254 counties. Generally a Constable is elected for each precinct in a county with a county having a minimum of one and a maximum of eight precincts. The number of precincts a county has is determined by the population of the county according to the most recent federal census. Constables can employ a deputy(s) to assist in fulfilling the duties and responsibilities of the Constable. In Texas the majority of the Constable Offices are staffed by just the elected Constable. In large counties, such as Bexar and Harris counties, the Constable Office can have from 30 to as many as 500 deputies and are a valuable addition to the other law enforcement agencies in those counties.
Kendall County Constables
Kendall County currently has four Constables who serve the four Justice of the Peace Courts in Kendall county.
Since Kendall County has a relatively small population the Kendall County Constable Offices currently do not have any deputies at this time. With the establishment of the 451st District Court and the tremendous growth being experienced in Kendall County it appears in the future there will be a need for the addition of Deputy Constables to assist in the service of civil process, execution of criminal warrants, and traffic enforcement within the County.
Kendall County Constables daily duties include service of legal papers and orders to include Summons, Writs of Attachment, Writs of Possession, Writs of Execution, Writs of Garnishment, Writs of Sequestration, Distress Warrants, Orders of Sale, Subpoenas, Tax Suits, Eviction Notices, Truancy Notices, Foreclosures, Restraining Orders, and Hearing Notices from Justice, County, and District courts. Constables periodically conduct investigations required in the service of civil process or in locating individuals for arrest on criminal warrants. Constables are also responsible for the safe keeping of property seized under court order and the sale of such property as directed by the Court.
One of the most important duties of the Kendall County Constables is the security of the Justice of the Peace court in their respective precinct. Duties in this area include providing security when the court is in session, summoning jurors, transporting prisoners, and Justice of the Peace personal security. Finally Kendall County Constables patrol their respective precinct for crime prevention, traffic enforcement and providing assistance to other law enforcement agencies. Kendall County Constables focus on being “Community Oriented Police” as much as possible.
Kendall County Constables continually attend professional civil process and criminal law enforcement training in order
to stay current with local, state and federal laws. Attending professional training is essential in fulfilling the duties and responsibilities required to be performed by Constables in today’s ever changing world.
Currently all Kendall County Constable Offices are “one man” offices with the elected Constable for that precinct responsible for fulfilling all Constitutional Constable duties and also any other duties and responsibilities approved or assigned by the Kendall County Commissioner’s Court. Kendall County Constable Offices can be permitted to employ full time Deputy Constables or Support Deputy Constables once approved by the Commissioner’s Court. Described below is the current status of these two positions in the Constable Offices in Kendall County.
Currently all of the Kendall County Constable Offices do not have any full time Deputy Constable positions allocated by the Kendall County Commissioner's Court. It appears for the near future there will not be a need for the establishment of a full time Deputy Constable in any Constable’s office in Kendall County.
All Constable Offices in Kendall County currently do not have any Support Deputy positions allocated to them by Commissioner’s Court. Due to the rapid population growth in Kendall County in the near future there may be
a need to request a Support Deputy Constable position in some precincts. If the Commissioner’s Court would
allocate Support Deputy Constable position(s) in a Kendall County Constable’s precinct, individuals applying for that position would need to meet the same requirements established for a full time Deputy Constable.
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