Small Claims
A Small Claims Court is a judicial forum to hear and decide civil cases involving claims for money only, not to exceed $20,000. These cases are not strictly bound by the rules of civil procedure or evidence and the judge may ask questions.
To begin a Small Claims Lawsuit a petition must be filed with the clerk keeping in mind the defendant has the right to be sued in the county and precinct in which he resides. At the time of filing you must swear under oath that this small claim statement is true and pay the filing fee and the service of citation fee.
The Defendant must be served a citation before the suit can commence. If the Defendant answers the suit, the case may be referred to the Dispute Resolution Center for mediation upon request or go forward to trial. The Plaintiff must request the case to be set for final hearing. The Plaintiff or Defendant may submit to the court a request to subpoena witnesses to appear at trial and pay the required fees. The Plaintiff or Defendant must bring to Court on the day of the trial any evidence they intend to present to the Court or witnesses they intend to have testify for them. Any request for continuance must be in proper written form and timely filed, Government Code § 28.032.
If the defendant does not answer, you may be eligible for a default judgment. A hearing may be set for the Plaintiff to prove up that amount that is due.
If you receive a judgment, after the time for appeal has past, you may request an Abstract of Judgment and/or certain Writs to assist in collection of judgment. The court cannot collect on any Judgment.
If the Defendant prevails, the Plaintiff will recover no money.
Small Claim filings must have all of the following documentation:
