How to Use the Small Claims Courts in Texas

If the amount in controversy exceeds certain amounts set by statute, a small-claims courts cannot hear the case.

In Texas, small-claims courts hear disputes that do not exceed $10,000. The small-claims courts will not hear cases brought by persons in the business of lending money or by collection agencies. You have the option of representing yourself or using an attorney in small-claims court. A person who appears on behalf of a corporation in small-claims court must be prepared to show his authority to represent the corporation.

Instructions

1. Draft the petition that states your claim. Some counties provide forms for the plaintiff to complete. Include all the relevant facts in the petition. If your claim does not state all the relevant facts, you may not prevail even if the defendant defaults in appearance. If you are suing a business, be sure to sue it in its proper capacity. It is the plaintiff's burden to determine if the defendant is an individual, a partnership or a corporation.

2. Submit the petition and pay the filing fees. In Comal County, the petition must be filed in duplicate. Your case officially begins once you pay the filing fees. The clerk of the court will issue you a receipt showing your case number. You must notify the court of any changes to your address or phone number.

3. Serve notice of the case on the defendant. In Comal County, the defendant is served by the constable. In Hill County, the sheriff who serves the papers. If the defendant resides outside the county where suit was filed, special steps have to be taken to effect service. Obtain the name and address of the proper official in the county where the defendant resides or does business. Forward a copy of your claim and any other required papers to the local official with the appropriate fees so he can serve the papers.

4. Prepare your case by organizing the evidence you will present. Secure copies of any documents you may need. Consider whether you need witnesses. You may ask the court to issues a subpoena if a witness will not appear voluntarily. In Comal County, you must request the subpoenas two weeks before the scheduled date of the trial.

5. Collect on your judgment if you prevail in the case. The defendant may not be able to pay you the amount of the judgment immediately. An abstract of judgment will place a lien on the defendant's real estate. You can request a writ of execution and have the sheriff seize certain assets of the defendant. A writ of garnishment will freeze the defendant's funds that are on deposit at an institution.

Tips & Warnings

• This article does not constitute legal advice. Consult with an attorney who practices in Texas for a thorough understanding of your rights and responsibilities in civil cases.

References

• Justice of the Peace, Bexar County Texas: Small Claims
• Harris County: Justice of the Peace Courts: Small Claims Cases
• Comal County: Justice of the Peace: Small Claim Suit

Resources

• Justice of the Peace, Denton County, Texas: Small Claims & Justice Court Suits
• Dallas County, Justice of the Peace: Small Claims