Small claims courts in Texas give you the chance to have a justice of the peace decide your case in a less formal setting than a formal court.You can file a small claims lawsuit in Texas if your claim for money damages is less than $10,000.The small claims courts in the state can be used by anyone over the age of 18 as long as they don't try to collect a debt.
Step 1: You should research Texas law.
Unless there's a state law that provides you a legal remedy, your dispute can't be resolved by a justice of the peace.You have a good idea of the types of cases heard in small claims court if you're familiar with TV shows such as "The People's Court."If you lent a few hundred dollars to a friend and she refused to pay you back, you could take her to small claims court.
Step 2: Look at the statute of limitations.
The justice of the peace can't decide your case unless it's filed within the allotted time.The deadline is usually two years after the event that gave rise to the dispute.The statute of limitations for other claims is four years.You don't want to wait more than six months to file your lawsuit.
Step 3: You should choose the right court.
You would usually file a lawsuit in the justice court of the county where the person lives.You can file a lawsuit in the county where the events took place.You can choose from several courts that have appropriate jurisdiction.You can pick which one is most convenient for you.If there is more than one justice court in the county, you must use the one that covers the area where the dispute happened.If you don't know which court to use, you can call the justice of the peace's office.If you give the address of the person or business, they will let you know where to file your claim.Justice courts can only hear claims for money damages of less than $10,000.You can't agree to recover less if your claim is worth more than that.
Step 4: Send a letter demanding something.
Give the other party an opportunity to settle the dispute before you file your lawsuit.The law that entitles you to damages should be explained in your letter.Suppose someone opened his car door and hit your car, which was parked next to his.$350 is the cost to repair the scratch and dents on your car.To get your car fixed, you had to clock out of work two hours early.The cost of repair and two hours of lost wages are included in your demand.If you have a dispute with a business, you can file a complaint with the Better Business Bureau.Don't get emotional or insult the person.Explain what happened and why you think the person or business is responsible for the harm.Give a deadline to respond and ask for specific compensation.If they don't meet your demand by that date, you will file a lawsuit in small claims court.
Step 5: You should consider consulting an attorney.
If you can't afford an attorney, you may be able to find one who will give you a free consultation and discuss the merits of your case.Attorneys can appear in small claims court in Texas.If you feel uncomfortable speaking in front of a judge and you want an attorney to represent you, you might consider hiring one.If you win your case, you can recover your attorney's fees.If she wins your case, some attorneys may be willing to represent you on a contingency fee basis.If you have low income and worry that you won't be able to afford an attorney, you may be eligible for free or reduced-fee legal services from your local legal aid office or a law school clinic.You can find out about these services by calling the State Bar of Texas referral service at 1-877-9TEXBAR or visiting the website at www.texasbar.com.
Step 6: There is information to be gathered.
Since some counties require you to fill out your petition form in person at the clerk's office, you should get together all the necessary information before you head to the courthouse.Dallas County requires you to show up at the clerk's office to fill out the form.If you pull together all the documents and information ahead of time, you won't have to go back and forth to get the information.To complete the claim form, you need your complete name and address, the amount of your claim, and any amount you owe the person you're suing.Before you go to the clerk's office to file a lawsuit, you must determine the full legal name of the person or business.You have to look up the business's legal name if you're suing it.You have to include the name of the registered agent for service in your lawsuit.You can get this information by calling the Secretary of State's office.You have to name both the people and the business in your lawsuit if you are a partnership or sole proprietor.You can find this information by contacting the county clerk's office.Small claims petition forms are available online in some counties.You should look at the form before you start gathering information if you have this option.To calculate your damages, you need to know how much money it will take to get you back to where you were before the wrong was committed.If the mechanic charged you for repairs that weren't made, you should be able to get the money back from him.You haven't paid for the repairs yet.If you call the clerk's office, you can make sure you have all the information you need to fill out the petition.
Step 7: You need to fill out the petition form.
You're ready to fill out the required form once you've gathered all the information you need.Take all the records that are relevant to your claim, including copies of contracts or receipts, with you to the courthouse when you file your petition.A brief statement of your claim is required.If you write this statement before you go to the courthouse, you have time to make sure you include all the important facts.You don't have to do anything when you fill out the form.You have to complete a civil case information sheet.The names and contact information of all the parties to the suit can be found in this form.
Step 8: Put your signature on the petition.
When you sign a petition, you must swear that the information you give is correct to the best of your knowledge.The clerk can verify your signature if you sign your petition in front of him.
Step 9: Do you want to file your petition?
The clerk for the justice court will need your petition to hear your case.You will have to pay a filing fee when you file your petition.The filing fees are usually under a hundred dollars.Dallas County charges filing fees of $32.You have to pay a service fee of $75 for each of the defendants you are suing.You have to pay $46 to file your petition in Bexar County.If you cannot afford the filing fees, you can ask the clerk to waive them.You need to sign the application and submit it at the same time you file your lawsuit.The judge will look at the financial information on the application to see if you are eligible for a fee waiver.When you file a petition, you should ask the clerk how the court sets trial dates.Before the trial date is set, the clerk will let you know if any further action is needed.
Step 10: You have to serve the man.
Before the justice of the peace can hear your case, you must be able to verify that the defendants had legal notice.The clerk will take care of service for you after you've paid the service fees or been granted a fee Waiver if you file a petition in small claims.If you follow up with the clerk's office, you can find out if service has been completed.The clerk won't let you know the status.
Step 11: Wait for an answer
He has 14 days to respond to your petition after he is served.Two weeks after you file your petition, you should call the clerk's office to find out if the case has been served.If he has, you can use the exact date of service from the clerk to calculate the deadline to file an answer to your lawsuit.The trial date is calculated using the date the defendants were served.When you call the clerk, ask if a trial date has been set.If you don't already have a case number, you should get it from the clerk.You will need it to follow up on your case if you write it down and keep it in a safe place.
Step 12: Get ready for trial.
You have to argue your case before the justice of the peace if the defendant contests your claim.You can frame your case by using the statement you wrote for your petition.If you want to bring evidence to the court, look at the documents or other items you have.If you are suing a dry cleaner for ruining your shirt, you want to bring it with you as evidence.You can call witnesses to testify at your hearing.If your witnesses are willing to testify on your behalf, talk to them.The clerk can issue subpoenas for witnesses to appear on your trial date for an additional fee.A cash amount may be included in the subpoena fee.Subpoena fees are the same as service fees, with an additional cash tender for the witness.You have to prove the facts of your claim since you filed the petition.Documentation that helps prove your case at trial is needed if you haven't already.Copies of contracts, receipts, and photographs are typical evidence in a small claims case.You need to have at least two copies of the documents you want to use at the trial.If you haven't already decided, you should also decide if you want to have a trial by jury.You can make this decision at any time, but you have to request it at the clerk's office at least 14 days before your trial date.If you want a jury trial, you'll have to pay an additional fee.
Step 13: Listen to mediation.
You may be able to mediation your dispute.When you file a petition in your county, you may be asked if you would prefer mediation or not.If you can't reach an agreement, you may have your case heard by a judge.
Step 14: Your trial date is approaching.
If you can't resolve your case before the trial date, you have to show up in court.You should arrive at the courthouse at least 30 minutes before the time your case is scheduled so you have time to go through security, find your courtroom, and take a seat.At the beginning of each court session, the judge may have a docket call where she goes through all the cases she will hear to make sure the parties are present and ready to go.When the judge calls your case, she usually gives you a brief explanation of court procedures and how she will handle things in her courtroom.She'll give you an opportunity to ask any questions she has to say.You can win your case by default if you appear in court and the person you sued isn't there.You don't have to prove anything other than that the defendants had proper notice of the lawsuit.
Step 15: Go ahead and present your case.
You will be able to speak first after you filed the petition.You can proceed with your opening statement after the judge swears you in.If you have witnesses, you can ask them questions at the witness stand.The other side will be able to question them based on the questions you asked.The judge will have the opportunity to hear the other side of the story after you've made your case and submitted all of your evidence.He may call witnesses or present evidence.You can ask witnesses questions if the defense calls them.
Step 16: Receive the decision from the judge.
The justice of the peace issues her order after both sides present their cases.She may do this immediately after the conclusion of your case, or she may take some time to review the evidence presented and then issue her order.If you don't like the judge's decision, you have 14 days from the date the order is issued to file a motion for a new trial or 21 days to appeal.If you won your case, you may have to take steps to enforce the judgement and collect the money the other party owes you.