The Common Law
Small Claims Court
By Jessica Mangrum, Fri., June 11, 2004
I want to represent myself in Small Claims Court, but I don't know what to do or how to get started. Can you get me pointed in the right direction?
A justice of the peace presides over the Small Claims Court in each county in Texas. Larger counties have several justices of the peace, each one covering a specific area called a precinct. Small Claims Courts can hear disputes between parties as long as the amount involved in the dispute is not more than $5,000. Most parties represent themselves in Small Claims Court and the rules of procedure and evidence are informal for this reason.
There are several things you need to do in order to file a lawsuit in a Justice of the Peace Court. First, you will have to determine where to file your claim. Usually a claim is filed in the precinct where the defendant lives. Travis County has five justices of the peace. More information is available at www.co.travis.tx.us/justices_of_peace.
Next, you will need to file your petition. Petition forms are available at each Justice of the Peace Court. In the petition, you will include the name of the person or corporation you are suing and state in plain language the basis of your claim (personal injury from auto accident, breach of contract, etc.) and the amount of money damages.
There is a $12 fee for filing the suit and another $60 for every person or corporation you need to have served with the lawsuit. The constable in that precinct will serve, or hand-deliver, a copy of the lawsuit to the person. The defendant has until the Monday following the expiration of 10 days at 10am to file an answer with the court. If the defendant fails to answer or appear in court, you can obtain a default judgment. A default judgment establishes liability against the defendant, although the plaintiff will still have to put on evidence about the amount of damages.
Be sure to read next week's column, which discusses some factors to consider when deciding whether to sue in Small Claims Court.
Please submit column suggestions, questions, and comments to [email protected]. Submission of potential topics does not create an attorney-client relationship, and any information submitted is subject to being included in future columns.
Marrs, Ellis & Hodge LLP, www.mehlaw.com.
The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.
