How to File a Small Claims Suit in Texas

Small claims court provides an easy way for both consumers and businesses to resolve legal disputes between two parties. To file a suit in small claims court in Texas, the amount in dispute must be less than $5,000.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Defendant's legal name and current address

Prepare Paperwork for a Small Claims Suit

1. Find the legal name of the person or business you plan to sue. When you file suit against a business, you must list all owners or partners of that company and the name under which the business is operated. You can find this information at the Assumed Names Department at the county clerk's office.
2. List the most current address of the defendant. In order for the case to go to court, the claim must be served. You may also provide a work address or other business location to the sheriff's department, along with the best time to find the defendant there.
3. Write a statement detailing your claim concisely, including when the dispute arose, who is involved and any other relevant information. You should write this in advance. Some Texas counties provide a sample form online, but your county clerk will help you prepare the legal document.
4. Keep accurate records of any attempts to settle the dispute before you file the paperwork. This written documentation can help you prepare your claim and can be used as evidence at the hearing.

File a Small Claims Suit in Texas

5. Speak to an attorney to decide if you should file suit in small claims court. In some counties, your attorney may accompany you to court, although most people choose to defend themselves.
6. Look through Texas specific laws regarding small claims court. The Texas Law Help Web site offers free and low-cost legal assistance to help consumers resolve many common disputes (see Resources below). In addition, each county in Texas also has specific requirements.
7. Visit the county clerk's office in person to file a sworn Statement of the Claim. The clerk can help you prepare the statement in the correct format. You must then swear under oath that the claim is true.
8. Pay the necessary fees to file your claim. These include the filing fee and the service fee. Check with your county clerk to see which forms of payment they accept.

Tips & Warnings

• Call the court or county clerk's office before you visit to verify that you are filing in the proper county.
• In Texas, both parties have the right to appeal the original judgment within 10 days of the court date.