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

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. Interest accrues against the judgment at the current interest rate not less than 10% nor to exceed 20%.

Plaintiff Information

1. Provide correct name of every defendant you want to sue. (Each defendant you want to sue must be separately named and served.)
2. Provide correct address or location for service of citation of the defendant or defendant's proper agent if not an individual.
3. Filing a Small Claims or Justice Court suit only makes an allegation that you should recover from the defendant. Assume that the defendant will contest your allegation, rather than admitting it and proving your case for you. Properly prepare to prove your case at trial.
4. Your case must be on file forty-five (45) days before a request for a court date can be made.
5. Remember that hearsay evidence is inadmissible and cannot be used if objected to by the defendant. Examples of hearsay evidence are affidavits, garage estimates, police reports, and what other people, not in court, orally said or wrote. There are exceptions.
6. You may subpoena witnesses to Court by asking for the subpoena and paying the required fee ten (10) days prior to trial.
7. After both plaintiff and defendant have presented their cases, the Court will usually enter a judgment that the plaintiff recovers from the defendant all, part, or none.
8. Either party usually has ten (10) days in which to appeal to the County Court at Law or it is final.
9. If you obtain a final judgment you may file an Abstract of Judgment or Writ of Execution, these are after judgment methods for collection.
10. An Abstract of Judgment may be issued ten (10) days from the date of judgment and recorded in the proper county.
11. Writ of Execution may be issued thirty (30) days from the date of judgment.
    
    Abstract of Judgment - It is then the duty of the plaintiff to file it with the County Clerk to make the judgment effective against defendant's real estate in the county. The Abstract is valid when filed with the County Clerk for a period of ten (10) years from the date entered.
    
    Writ of Execution - Is a court order directing the Constable to levy on property belonging to judgment debtor to satisfy the judgment. There are several exempt items that the Constable may not levy on.

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.