Small Claims Court
This information was compiled as of September 30, 2005. Please be certain to verify this information. It is solely for reference purposes, and is not intended to constitute or operate as a substitute for obtaining legal counsel.
Under Texas law, you may file a suit in Small Claims Court anytime the amount involved does not exceed $5,000. The Small Claims Court may not award more than $5,000, along with court costs.
Usually, you must file a suit in Small Claims Court in the county in which the defendant resides. The Justice of the Peace Court serves as the Small Claims Court. If there is more than one Justice of the Peace in the county where you are filing the suit, you must file it with the Justice of the Peace court covering the precinct where the defendant resides.
You may not file divorce, guardianship, name change, or bankruptcy cases in Small Claims Court. Most cases in Small Claims Court involve contracts, security deposits, personal injuries, warranties, and various consumer issues.
Generally, most Small Claims Court cases may be filed by paying a small fee and filling out a one-page form setting forth your complaint. Once you have filed your lawsuit, you will need to contact the court clerk to confirm that the defendant has been served and to obtain your trial date.
You are entitled to represent yourself in Small Claims Court, and most parties do so. Some parties, of course, hire attorneys to represent them even in Small Claims Court. In either event, you will need to prepare all your evidence in advance of trial, and make sure you organize it and bring it with you to trial. You will need to explain to the judge the facts of your case and the damages you are seeking, and provide the judge with copies of the supporting documents. You may also need to bring any witnesses important to your case to testify before the judge.
A good source of more detailed information is How to Sue in Small Claims Court by Professor Richard Alderman.