CIVIL PROCESS

                                    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:


• Citations
• Small Claims
• Tax Suits
• Subpoenas
• Summons
• Protective Orders
• Restraining Orders
• Evictions
• 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.

Special Events in Precinct 3

Constable Gene Serene daily focuses on helping and serving the residents in Precinct 3 and Kendall County. He feels strongly in “giving back” to the residents of Precinct 3 and Kendall County through supporting local neighborhood homeowner associations and volunteer fire departments.   Constable Serene’s Constable Neighborhood Watch Program focuses on strengthening neighborhoods in Precinct 3 against crime.  Constable Serene also partners with the Kendall County Sheriff’s Office and the Texas Department of Public Safety through the National Night Out program to help foster neighborhood involvement in “knowing your neighbors”, “watching out for crime”, and “fostering community-law enforcement partnerships” to help keep a neighborhood safe and free of crime.  Constable Serene has his “Helping the Helpers” Program which focuses on providing financial support to the volunteer fire departments in Precinct 3 and in Kendall County.  Constable Serene is also active in the San Antonio Livestock Exposition and Rodeo and the Western Art Committee, which has awarded numerous college scholarships to Kendall County high school art students.  Described below are the programs and activities Constable Serene is involved in which benefit the residents of Precinct 3 and all of Kendall County.

National Night Out

Constable Serene, Kendall County Sheriff’s Office, and the Department of Public Safety partner with communities

to help strengthen neighborhood spirit and community-law enforcement partnerships, while sending a message

to criminals that neighborhoods in Kendall County are organized against crime.  If your community will be

participating in National Night Out and it is in within the boundaries of Precinct 3, please contact

Constable Serene so he can visit your community.

The Office of Constable Gene Serene

Kendall County Constable, Precinct 3

221 Fawn Valley, Suite 200

Boerne, Texas 78006

Phone: 830-388-7070

FAX: 830-248-1544

Email: Gene Serene

                             Constable Neighborhood Watch Program

Upon taking office in 2014 Constable Serene initiated a program of patrolling neighborhoods in Precinct 3

to evaluate their posting of Neighborhood Watch Signs as a “message” to criminals that this neighborhood is

 “tough on crime “and is always “Watching Out” for criminal activity.  Through this program Constable

Serene has provided and installed at no cost to the neighborhood as many “Neighborhood Watch”

signs as needed to notify anyone considering criminal activity in this neighborhood that “they”

are being “watched” and they will be able to be easily identified and quickly arrested

by local law enforcement officers patrolling the neighborhood.

Helping the “Helpers” Program

Constable Serene focuses on donating his off duty time to assist the volunteer fire departments in Kendall

County in the fundraising activities they hold throughout the year.  The donation of his time to provide

security for the event and the contribution of silent and live auction items helps these volunteer first

responders raise the money needed to purchase the essential equipment needed to fight fires and

provide EMS service to the citizens living in Precinct 3 and Kendall County.

San Antonio Livestock Exposition and Rodeo

Western Art Contest

Constable Serene serves as a Director for the San Antonio Livestock Exposition and Rodeo and has worked on

the Western Art Committee for the last thirteen years.  This committee awards college scholarship money to

South Texas area students whose submitted Western Art was judged as a Grand, Reserve, or Art Class

Champion during the annual San Antonio Livestock Exposition and Rodeo's Western Art Judging

Contest. In past years scholarships awarded by this committee have ranged from $ 4,000 to over

$ 20,000 per student.  Art students from Boerne High School, Comfort High School, Geneva

School, as well as several Home Schooled students have received scholarship money for

the artwork they submitted.  Constable Serene feels it is important these talented

Kendall County high school art students have been recognized and rewarded for

their hard work and fantastic art talent.  The scholarship money each student

received was essential in that individual being able to attend

college and further their education.

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:

• NO ACTION MAY BE TAKEN WITHOUT THE PRESENCE OR DIRECTION OF THE CONSTABLE OR A DEPUTY CONSTABLE.

• Landlords must provide a minimum of 3 people to remove all property from the location

  within two (2) hours.  (Additional fees may be charged after the 2 hours.)

• Landlords should provide a locksmith at the property on the day the Writ of Possession is

  executed in order to change door locks and assist in securing the property.

• It is not necessary to pack each item.

• Landlords must be prepared with moving supplies (e.g. plastic bags, boxes, etc.) for removal of all items from the premises.

• All vehicles pertaining to the eviction must be removed from the property.

• The landlord or property manager should advise the Constable’s Office, as soon as possible, of any special conditions that may interfere with the eviction.

If contact information is not available for a tenant(s) who leaves an animal(s) abandoned on the property, the

Kendall County Animal Control Services will be contacted.  If Animal Control Services cannot pick up the animal(s)

the Constable’s Office will attempt to find an organization who will keep the animal(s).  The Constable’s Office

will not be liable for abandoned animals or property left by the tenant.

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.

Requirements

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.

Complaints

The Precinct 3 Constable's Office continuously strives to provide the best service to the community.  However, when a citizen has a complaint or does not fully understand the process or actions of this office, the Constable will address those concerns.

Complaints can be made in person at 221 Fawn Valley Suite 200, Boerne, Texas.  Complaints may also be made by calling 830-388-7070 or by sending an email to Gene Serene.            

All complaints will be answered as promptly as possible.  When calling or emailing please remember the following guidelines:

• If the complaint is about a traffic ticket and the complaint is solely  concerning the "guilt or innocence" of the person receiving the ticket, this should be addressed on the court date with the presiding Judge. Only the Judge can dismiss a ticket.

• If the complaint concerns the action of the Constable, please be prepared to provide detailed information on the actions of the Constable. (What did the Constable do that is causing the complaint?)

• Please provide accurate information as to when and where the incident occurred, who was involved, and any        witnesses.  Also please provide the ticket number if it involves a traffic citation.

• Please provide accurate contact information so the investigator can contact you for obtaining  any further              information that may be needed.  This includes home and/or cell phone numbers, work numbers, and work          addresses.

• If the complaint concerns an eviction, the service of civil citations, or a writ of execution please provide the time    and date of the incident and the name and address of the person(s) involved.  Also include copies of any court      documents and/or related case/cause numbers.

• All complaints should be submitted in writing and will be investigated as soon as possible.   In order to better        evaluate complaints received, an appointment should be made with the investigator at a time that insures the      complaining person will receive all the attention necessary to have the complaint properly reviewed and                addressed.

Deputy Constables

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.

Full Time:

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.

Support Deputies:

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.