How to File a Suit at Small Claims Court in Texas
In Texas, small claims lawsuits are filed in one of the 822 justice courts. Anyone over the age of 18 may file a small claims lawsuit. In Texas, small claims lawsuits are civil lawsuits in which the amount in controversy does not exceed $10,000. Landlord/tenant disputes over money, creditor suits and accident cases are frequently filed in justice courts in the state of Texas. Small claims lawsuits have time limitations ranging from six months to four years, depending on the type of claim you are filing, so it is best to file as soon as you recognize the need.
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Things You'll Need
- Information on the defendant including an address for service of process
- Documentary evidence such as a contract, promissory note or accident report
Instructions
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Determine in which justice court you must file your lawsuit. The lawsuit must be filed in the precinct where the defendant lives or does business.
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Prepare a statement of claim form. A sample form can be found on the Justice of the Peace Precinct Two website. Attach any supporting documentation to the statement of claim. Make one copy for each defendant and one copy for you to retain.
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File the statement of claim and supporting documents with the appropriate court and pay the filing fee. Filing fees will vary by precinct. Record the case number assigned to you by the clerk.
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Wait for the court to serve the defendant with the statement of claim and citation notifying him that the claim has been filed, and that he have 10 days to answer the claim.
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Appear for court on the date and time set by the court for the trial. Present your case to the judge along with any evidence you have. The judge will make a decision after hearing both sides of the case.
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References
Resources
- Photo Credit courthouse image by pearlguy from Fotolia.com
