Plaintiff'S Original Petition In Small Claims Court printable pdf download

INSTRUCTION AND INFORMATION ON SMALL CLAIMS COURT

Before filing in the SMALL CLAIMS COURT, you must mail a Certified Return Receipt Request

letter to the person responsible for your damages, giving him/her 10 days to respond.

(letter should be in your own words) You may file on monetary only

1. The amount of money you may sue in Small Claims Court is limited to $ 10,000.00.

(PLAINTIFF is the party suing.) (DEFENDANT is the party you are suing)

2. In all Small Claims Suits, The Defendant has the right to be sued in the County and precinct in which he/she resides.

It is your burden and important as a Plaintiff, that you understand that for any potential Judgment you may receive to be

valid, it is necessary for you to sue the Defendant in their proper legal capacity, of which there are typically three,

they are as follows:

A. PERSONALLY: where an individual is responsible to you for damages he/she may have caused you as an individual.

B. PROPRIETOR OR PARTNERSHIP: a business that is not incorporated, but does have on filed with the

County Clerk an assumed name e.g. John Smith d.b.a. Greenhouse Supplies.

CORPORATION: the business which has allegedly caused you damages is incorporated and therefore it is necessary

to know the individual’s name who is able to accept service on behalf of the Corporation. (the authorized agent for

service would be listed with the Secretary of State whose phone number is 1-800-252-5555

e.g. Greenhouse inc. Serve: John Doe)

3. If as Plaintiff, you are in the business of loaning money either primarily (Bank, Credit Union, Savings & Loans) or

secondarily (Credit Cards) you are not allowed to filed in Small Claims Courts, however, an Attorney representing any of

the above may file suits on behalf of the above in Justice Court. 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.

4. Once you have filed the Petition & notarized stating the facts and circumstances of your Law-suit, a Citation with a

copy of the petition will be served to the Defendant that a Law-suit has been filed and to answer between 10 to 20 days

from the date of serving the Citation, if he fails to answer the Law-suit, a Default Judgment will be entered in your

favor up until an answer is filed.

5. A TRIAL SETTING notice will be mail to both parties. Its your responsibility to present any evidence to prove your

case, for a Motion for Continuance submit a request in writing within 5 days from the date of trial, if you have witnesses

who will not come to Court voluntarily, you may come in 2 weeks prior to the trial and ask that a subpoena be prepared to

secured their presence. If one party has an Attorney the other party will be advised to secured one. (in this type of law-

suit you do not have to hire an attorney)

6. Should the Judge award Judgment in your favor, the Court does not collect and will not force the

Defendant to pay the Judgment, however to help you collect your Judgment, you may request for:

ABSTRACT OF JUDGMENT FORM , ( 10 days after the trial) to put a lien on any real property the

Defendant may own or reside in a County where the abstract is recorded in County Clerks Office and/or

WRIT OF EXECUTION / RESTITUTION FORM , ( 30 days after the trial) to authorizes the Sheriff or

Constable to seize any assets belonging to the Defendant that are subject to the writ, those assets are then auction at a

public sale and the proceeds are applied to the Judgment.

ANY ADDITIONAL LEGAL INFORMATION, YOU MAY CONSULT AN ATTORNEY.

FEES: (MONEY ORDERS ONLY)

FILING FEE / SERVICE FEE

Abstract of Judgment / Writs / Subpoenas

$ 33.00 ( for filing petition Payable to Justice Court Pct. 5-2)

$7.00

(Payable to Justice Court Pct. 5-2)

$ 60.00 ( for serving citation Payable to Civil Proc)

$ 200.00 (Payable to Sh. Dept. or Const. Dept.) for services

$ 60.00 to sue 2

. Defendant

$ 65.00 (FOR SUPOENAS)

(Payable to C. Proc)

$ 65.00 (Service Fee in another County)

3302 Wilson Rd. HARLINGEN, TEXAS 78550 PHONE: 956-427-8058 (fax=427-8034)

Plaintiff'S Original Petition In Small Claims Court

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