Small Claims Court

Evictions

Comparison of Justice Court And Small Claims Court

A. generally county and precinct where one or more defendants reside
B. 14 exceptions

A. county and precinct where defendant lives
B. where the defendant has contracted to perform

A. All or part of the cause of action arose;
B. The corporation has an agency or representative; OR
C. The principal office is located

A. All or part of the insured property is located in the case of a property claim;
B. the injured person resided when the injury or death occurred

The Angelina County Justice Court, Precinct One, and the Clerks of the Angelina County Justice Court, Precinct One are prohibited to give legal advice. Your are encouraged to review the applicable laws and to consult an attorney of your choice for further information or answers to specific legal questions.

You have the right to a trial by jury and to be represented by an attorney of your choice, or to represent yourself.

Instructions and Information for Filing a Justice Court Suit

CORPORATIONS AND/OR LENDING INSTITUTIONS:

Corporations and/or lending institutions MUST be represented by an attorney in Justice Court. This apples  whether the corporation or lending institution is the Plaintiff or Defendant. An attorney must:

1. File the petition;
2. Represent the litigant in court;
3. Request the default judgment;
4. Submit a judgment to the court for approval.

1. The amount of debt, damages, or personal property for which you may sue in Justice Court may not exceed $10,000.00.
2. In all civil suits, the defendant has the right to be sued in the county and precinct in which he resides. You must have a physical address (not just a post office box) for the defendant in order for him to be served.
3. In order for any potential judgment you may receive to be valid, it is necessary that you sue the defendant in his/their legal capacity as listed below:
   
   ° Personally: A person who is allegedly responsible to you for damage he may have caused you as an individual. (e.g. John Doe)
   
   ° Proprietor or partnership: A business that is not incorporated, but does have on file with the County Clerk an assumed name. (e.g. John Doe dba Greenhouse Supplies)
   
   ° Corporation: A business which has allegedly caused you damage is incorporated. You must know the individual's name that is able to accept service on behalf of the corporation. You may obtain the name of the authorized agent for service from the Secretary of the State at 1-800-252-5555. (e.g. Greenhouse, Inc. Serve: John Doe)
   
   
4. If as a plaintiff or in the business of loaning money (banks, credit unions, savings and loans, and loan companies) you are prohibited from filing in Small Claims Court. However, you may file in Justice Court. A CORPORATION MUST BE REPRESENTED BY AN ATTORNEY.
5. Once you have filed a suit, this Court will give you a receipt showing your cause (case) number and the office phone number so that you may call in periodically to determine the progress of your case. It is of utmost importance that you refer to your case number when calling or transacting business with the Court.
6. When you have completed the petition stating the facts and circumstances of your suit, a citation along with a copy of your petition will be served to the defendant notifying him that a suit has been filed against him in this Court. The citation will order the defendant to appear in this Court or to file a written answer to the suit on or before the Monday following the tenth day after his receipt of the citation. If he fails to do so, you then become eligible for a default judgment up until the time an answer is filed.
7. If the defendant answers the suit, a trial date will be set. The plaintiff and the defendant will be sent notice by mail of the court date. We discourage motions for continuance; however, if it becomes necessary, any requests for a continuance must be in writing and timely filed.
8. If you have witnesses to your suit who will not appear in Court voluntarily, you may ask this Court to subpoena those individuals prior to trial. This request should be made as soon as possible allowing at least a week for service of subpoena.
9. This court does not collect the judgment for you, nor can we force the defendant to pay the judgment. If you receive a judgment for your claim against the defendant, you may request an Abstract of Judgment and/or a Writ of Execution to help you in your collection of this judgment.
   
   An Abstract may be obtained ten (10) days after the judgment is signed. This puts a lien on any real property the defendant may own in the county where the abstract is filed. Additional abstracts may be obtained and filed in several different counties.
   
   A Writ of Execution may be obtained thirty (30) days after the judgment is signed. This document authorizes the Constable or Sheriff to seize any assets belonging to the defendant that are subject to this writ.
   
   
10. As a plaintiff you have the burden of proof to show by the weight of the evidence that the defendant is the proximate cause of your damages in the capacity which the defendant was sued. All damages and evidence necessary to meet your burden should be available at the time of filing.
11. If you have any other procedural questions, please ask our Civil Clerk, and we will try to answer them. THIS COURT MAY NOT ANSWER ANY LEGAL QUESTIONS.
12. It is imperative that you provide us with your daytime phone number and notify us immediately of any changes in your telephone number or address.
13. WHAT MUST BE FILED:
    
    A. One (1) original and two (2) copies of petition. (Court will not make copies)
    
    B. Fees for filing are payable when the petition is filed. (See Fee Schedule)
    
    You may obtain a petition to file a Justice Court Suit by downloading the Justice Court Form, by contacting our office located at 2311 East Lufkin Ave. in Lufkin, Texas, or written request by mail at P. O. Box 43, Lufkin, Texas 75902. You must enclose a self-addressed stamped envelope.

Instructions and Information for Filing a Small Claims Suit

1. The amount of money for which you may sue in Small Claims Court is limited to damages that do not exceed $10,000.00. You may only sue for money in Small Claims. (Suit for money or other items may be filed in Justice Court.)
2. In all civil suits, the defendant has the right to be sued in the county and precinct in which he resides. You must have a physical address (not just a post office box) for the defendant in order for him to be served.
3. In order for any potential judgment you may receive to be valid, it is necessary that you sue the defendant in his/their legal capacity as listed below:
   
   ° Personally: An individual is responsible to you for damage he may have caused you as an individual. (e.g. John Doe)
   
   ° Proprietor or partnership: A business that is not incorporated, but does have on file with the County Clerk an assumed name. (e.g. John Doe dba Greenhouse Supplies)
   
   ° Corporation: The business which has allegedly caused you damage is incorporated, and therefore it is necessary to know the individual's name who is able to accept service on behalf of the corporation. You may obtain the name of the authorized agent for service from the Secretary of State at 1-800-252-5555. (e.g. Greenhouse, Inc. dba Greenhouse Supplies. Serve: John Doe)
   
   
4. If as a plaintiff or in the business of loaning money (banks, credit unions, savings and loans, and loan companies) you are prohibited from filing in Small Claims Court. However, you may file in Justice Court.
5. Also, an action in Small Claims Court may not be brought by an assignee of the claim or other person seeking to bring an action on an assigned claim or a collection agency.
6. Once you have filed a suit, this Court will give you a receipt showing your cause (case) number and the office phone number so that you may call in periodically to determine the progress of your case. It is of utmost importance that you refer to your case number when calling or transacting business with the Court.
7. When you have completed the petition stating the facts and circumstances of your suit, a citation along with a copy of your petition will be served to the defendant notifying him that a suit has been filed against him in this court.
   
   The citation will order the defendant to appear in this Court or to file a written answer to the suit on or before the Monday following the tenth day after his receipt of the citation. If he fails to do so, you then become eligible for a default judgment up until the time an answer is filed.
   
   
8. If the defendant answers the suit, a trial date will be set. The plaintiff and the defendant will be sent notice by mail of the court date. We discourage motions for continuance; however, if it becomes necessary, any requests for a continuance must be in writing and timely filed.
9. If you have witnesses to your suit who will not come to Court voluntarily, you may ask this Court to subpoena those individuals prior to trial. This request should be made as soon as possible allowing at least a week for service of subpoena.
10. This type of suit does not require hiring an attorney; however, you are free to do so if you wish.
11. This Court does not collect the judgment for you, nor can we force the defendant to pay the judgment. If you receive a judgment for your claim against the defendant, you may request an Abstract of Judgment and/or a Writ of Execution to help you in your collection of this judgment.
    
    An Abstract puts lien on any real property the defendant may own in the county where the abstract is filed. Abstracts may be filed in more than one county. This can be obtained ten (10) days after the judgment is signed.
    
    A Writ of Execution may be obtained thirty (30) days after the judgment is signed. This document authorizes the Constable or Sheriff to seize any assets belonging to the defendant that are subject to this writ.
    
    
12. As a plaintiff you have the burden of proof to show by the weight of the evidence that the defendant is the proximate cause of your damages in the capacity which the defendant was sued. All damages and evidence necessary to meet your burden should be available at the time of filing.
13. If you have other procedural questions, please ask our Civil Clerk, and we will try to answer them. THIS COURT MAY NOT ANSWER ANY LEGAL QUESTIONS.
14. It is imperative that you provide us with your daytime phone number and notify us immediately of any changes in your telephone number or address.
15. WHAT MUST BE FILED
    
    A. One (1) original and two (2) copies of petition. (Court will not make copies.)
    
    B. Fees for filing are payable when the petition is filed. (See Fee Schedule)
    
    You may obtain a petition to file a Small Claims Suit by downloading the Small Claims Form, by contacting our office located at 2311 East Lufkin Ave. in Lufkin, Texas or by written request by mail at P. O. Box 43,
    Lufkin, Texas 75902. You must enclose a self-addressed stamped envelope.

Defendant Information

1. When you are sued and served with a citation from the Justice/Small Claims Court, you must file a written answer to the suit on or before the Monday, which follows the tenth day from the date of service. You must answer in writing and advise the Court if you wish to contest the suit and have a trial by judge or jury or if you wish the Plaintiff to recover a consent judgment.
2. If you contest the suit and desire a jury trial, you must request it and pay a $10.00 jury fee.
3. You may represent yourself or hire an attorney to represent you. (Check with the Clerk of the Court for exceptions to this rule.)
4. If you do not desire to contest the suit, and you agree that the plaintiff recover the full amount he is seeking, you may request in writing the Court to enter a consent judgment against you.
5. You should prepare a proper defense if you go to trial even though the burden is on the Plaintiff to prove his allegation against you.
6. If witnesses are required and will not appear voluntarily, you may subpoena them to Court by asking for the subpoena and paying the required fee. The subpoena must be requested ten (10) days prior to the trial.
7. After the Plaintiff presents his case at the trial as to his right to recover, you are then allowed to present your defense as to why he should not recover.
8. You should remember that hearsay evidence is inadmissible and cannot be used if objected to by the Plaintiff. Examples of hearsay evidence are affidavits, garage estimates, police reports, and what other people, not in court, orally said or wrote.
9. When the Plaintiff and you have both rested your case, the Court will enter a judgment - which the Plaintiff recovers from you, all, part or nothing.
10. If a judgment is rendered against you, you may appeal the ruling of this Court to the County Court at Law within ten (10) days.
11. Should the Court rule the Plaintiff recover nothing from you, the Plaintiff must appeal within ten (10) days, or his right to recover from you is forever lost.
12. Should the Plaintiff recover a judgment from you and you do not appeal it, the Plaintiff may take further legal action against you to collect the amount of judgment plus court costs.
13. The Plaintiff may ask that a Writ of Execution be issued to the Constable or the Sheriff to collect the judgment from you by levying on certain belongings that you own.
14. The Plaintiff may obtain an Abstract of Judgment from the Court and file it with the County Clerk.

Justice Court/Small Claims Court Judgments

1. ABSTRACT OF JUDGMENT: Puts a lien on any real property the defendant may own in a particular county where the abstract is recorded. The abstract is only good in the county or counties where it is recorded. This can be obtained after ten (10) days from the date the judgment is signed, good for ten (10) years. Filing fee is $5.00
2. WRIT OF EXECUTION: May be obtained thirty (30) days after the judgment is signed. Authorizes the Sheriff or Constable to seize any assets belonging to the defendant that are subject to this writ. Those assets are then auctioned at a public sale and the proceeds are applied to the judgment. The Court suggests that you visit with the proper Sheriff or Constable before the execution is issued. Filing fee is $5.00 and service fee is $60.00. Specific assets must be identified. There are many exemptions. (See Chapter 42 of the Texas Property Code.)
3. Other legal actions are available to find out what assets the defendant has and pursue them, but an attorney is usually used to get them accomplished correctly.
4. CREDIT REPORTING: Send a certified copy of the judgment to any credit bureau where defendant may seek credit, with all information about defendant - name, address, social security number, drivers license number, date of birth, etc. They probably will not list the judgment without this information about the defendant. This remains on their record for seven (7) years. Call Credit Bureau for further information first.

Instructions and Information for Filing an Eviction

1. An INDIVIDUAL OWNER can represent himself “pro se” at any time and in any aspect of the eviction process.
2. Any NON-LAWYER AGENT of the owner can “file” any kind of eviction case by filling out the sworn complaint, signing it and filing it with the Justice of the Peace, Clerk of the Court - even if the agent is not the owner and NOT A LAWYER
3. Any NON-LAWYER AGENT of the owner can obtain a “default judgment” in any kind of eviction case.
4. Any NON-LAWYER AGENT of the owner can handle the trial of an eviction suit from beginning to end if the case is BASED ON NON-PAYMENT OF RENT OR HOLDING OVER.
5. OTHERWISE, a property owner in an eviction case must be represented by a licensed attorney during the actual trial of the eviction case.
6. Suit must be filed under the property owner’s name or as identified on the “Assumed Name Certificate.”
    

If there is a lease or rental contract, it can only be terminated for reasons stated in the lease, breach of the lease contract or other unreasonable conduct of one of the parties, nuisance, or non payment of rent by the renter or failure to repair, etc. by the landlord. There is no requirement that the landlord renew the lease beyond its term or and option period. In addition, the landlord may terminate a lease if the renter is convicted of public indecency.

NOTICE: The landlord must give the tenant at least three (3) days written notice before filing his suit to evict the tenant for breach of the lease. If the tenant is holding over and the termination is not for breach of the lease, the notice must be at least an amount of time equal to the rental period, i.e. monthly, weekly, etc. The notice period starts on the day the notice is delivered.

FILING SUIT: If the tenant refuses to move, the landlord may file suit in the Justice Court asking for an order that the Constable move the tenant out, for any rent due and for any other damages he has suffered, so long as the rent and damages in controversy is not over $10,000.00.

The tenant will be served with a citation, giving him notice of the suit, and when it is to be heard. If the tenant does not show up, the Court can enter a judgment for the landlord for all damages he can prove and remedies he request. If the landlord does not show up, the Court can dismiss the suit.

The case must be set for trial not less than six (6) , nor more than ten (10) days, from the date of service of the citation on the tenant. If the Constable is unable to serve the tenant personally, the court can give him permission to serve the tenant by leaving a copy of the citation at the leased premises or by mail. If either party wants a jury trial, it must be requested within five (5) days of service on the tenant, along with payment of the jury fee. The case can only be continued or put off, at the discretion of the Judge, for good cause, and then not more than six (6) days.

If the landlord wins, he can obtain an order for possession of the premises, court cost and attorney’s fees in addition to any unpaid rent or other statutory or actual damages. If the tenant wins, he can obtain judgment for court costs and attorney’s fee in addition to any other actual or statutory damages.

WRIT OF POSSESSION: If the landlord wins, the Court can issue a writ of possession at the expiration of five (5) days from the date the judgment is signed.

The Writ of Possession orders the Constable to take possession of the premises from the tenant and deliver the premises to the landlord. The officer must instruct the tenant and all other occupants on the premises to leave immediately or they will be physically removed by him. The tenant is to remove or allow the landlord to remove all of the tenant’s personal property from the rental unit. The property not removed by the tenant will be placed outside the premises, but not blocking a public street or sidewalk and not during rain, sleet or snow.

LANDLORD’S LIEN: The landlord has a lien on the property of the tenant for unpaid rent that is in the residence or storage on the premises, except for: wearing apparel, tools and books of a trade or profession, schoolbooks, family library, family pictures, couch, two living chairs, and a dining table and chairs, beds and bedding, kitchen furniture and utensils, food, medicine and medical supplies, one car and one truck, agricultural implements, children’s toys, goods known by the landlord to be owned by others or are subject to recorded liens.

PROPERTY MAY ONLY BE TAKEN IF AUTHORIZED BY A WRITTEN LEASE AND WITHOUT A BREACH OF THE PEACE. The landlord must leave a written notice of his entry and itemized list of things taken, the amount of delinquent rent, and that the property will be returned on payment of the rent. There are other provisions in the law for the sale of the property by the landlord, and recovery of the property by the tenant and these must be strictly followed.

RETALIATION: If either party attempts to retaliate against the other for actions taken pursuant to the repair section, the law provides for specific damages and remedies against the offending party.

1. Forcible Entry and Detainer Suits and Writs of Possession may be filed between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday.
2. FILLING OUT YOUR PETITION:
   • Must be typed or printed neatly in ink.
   • Be sure to use only one tenant's name and all occupants.
   • The attached petition covers all causes of action except that of Forcible Entry.
   • State tenant's full address, including apartment number (if applicable).
3. WHAT MUST BE FILED:

• One (1) original and two (2) copies of petition. (Court will not make copies)
• One (1) original and two (2) copies of notice to vacate.(Must be in proper form, and properly served, and the necessary time must have elapsed.) ( If constable served notice to vacate the court will have original.)
• Plaintiff must furnish the Court two (2) copies of the contract signed by tenant.

4. Fees for filing are payable when the petition is filed. (See fee Schedule)
5. ALWAYS keep track of your case numbers so that you can refer to them when calling our office or purchasing writs of possession. (Case number is recorded on your receipt.)
6. Evictions may be dismissed only in open court or by letter. We encourage you as management to do this when a disposition of this nature has occurred to avoid the Constable attempting service to those where service is not necessary.
7. You should be familiar with the new Texas Supreme Court ruling regarding representation and service in forcible entry and detainer cases. (Texas Rules Civil Procedure, Rules 742a, 747a, and 749c) as well as the new Texas Property Code. A non-attorney agent may represent the plaintiff in causes of action for non-payment of rent or holding over.
8. As a plaintiff, you will be notified by this office as to the time and date of the trial setting. Be sure to give us your daytime telephone number.
9. If you have any questions, involved in filing your case, please call our Civil Clerk at 936/634-8334. THIS COURT MAY NOT ANSWER ANY LEGAL QUESTIONS.
   
   You may obtain a petition to file an Eviction by downloading the Eviction Form from our web site www.angelinacounty.net, by contacting our office located at 2311 East Lufkin Ave. in Lufkin, Texas or written request by mail at P. O. Box 43, Lufkin, Texas 75902. You must enclose a self-addressed stamped envelope.