How to Prepare for Small Claims Court in Houston
In Houston, small claims hearings are informal sessions where both parties have a chance to present their side of the story before a justice of the peace. A party may use any evidence that will help them prove their case and should be prepared to answer questions from the judge in regard to their story, evidence or witnesses.
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Instructions
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Contact the clerk of the Harris County Justice of the Peace Court to obtain a "small claims petition." A small claims case in Houston begins with the filing of a "small claims petition.
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Fill in the petition completely and file it along with the $34 filing fee with the clerk of the court. Once your petition is filed, you will receive notice of your hearing or "citation" which will include a description of your claim as well as the specific date, time and place of your court hearing.
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Serve the citation on the defendant. Serving notice can be accomplished by certified mail; by a private process server; by any adult at least 18 years old and not a party to the claim; or by the Harris County Sheriff's Office. A notice served by the Sheriff's Office requires a $65 fee.
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Prepare for your hearing. Develop a theory of your case. A good theory will clearly show why you should win. For example, if the case involves a traffic accident where the opposing party ran a red light at an intersection, your theory of the case might be, "I followed the law and was injured for it."
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Gather all evidence that proves or corroborates your theory of the case. For example, in the intersection accident case, any video showing that the light was green at the time entered the intersection would be useful evidence. Review your evidence in detail so that you can summarize what it is, how is it relevant and what it proves.
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Contact any witnesses who can corroborate your theory. Interview them in detail about their recollections of events. Integrate what they recall with your story. Be sure to remind them of the exact date, time and place of your small claims hearing because they will need to testify on your behalf.
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Practice telling your story making sure to weave your theory of the case, your evidence and your witnesses' testimony throughout.
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Tips & Warnings
While most small claim parties in Houston generally represent themselves during their hearings, under the law you are allowed to be represented by an attorney.
References
- Photo Credit US Supreme Court image by dwight9592 from Fotolia.com
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Comments
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chilipalm
Nov 03, 2010
This needs to be updated to reflect that the courts now require you to send a demand letter to the defendant via certified mail before filing the petition. You have to have proof that you sent it with the green card when filing the petition.
