BEFORE YOU FILE A LAWSUIT:

• Keep in mind that even small claims cases can become more complicated than the parties expect: a jury may be demanded, discovery may be allowed, a counterclaim may be filed, attorney fees may be added, and so on.
• Either party may represent themselves or be represented by an attorney.
• You will find helpful information in The Texas Bar Association's pamphlet entitled How to Sue in Small Claims Court at http://www.texasbar.com/template.cfm?section=pamphlets.

COSTS INSIDE DENTON COUNTY:

See Fee Schedule.

COSTS AND SERVICE OUTSIDE DENTON COUNTY:

1. Call the county courthouse in the county where the defendant is to be served.

2. Ask for the name of the constable or sheriff in the precinct where the defendant is to be served, then call that office and find out the service fee for serving a justice court citation or small claims citation.

3. Get the address of the constable or sheriff who will be serving the citation and bring it with you when you file your suit, along with a money order payable to the out-of-county sheriff or constable.

4. See Fee Schedule for filing fees.
    

CITATION:

The court will send a citation to the constable's office for service in Denton County. For out-of-county service, the court will mail the citation along with the money order you have provided (for the service fee) to the constable or sheriff you have designated.

ANSWER:

The defendant(s) in your suit is commanded to answer to the court, in person or in writing, on the Monday following the expiration of ten (10) days from the date the citation was served upon him.

REPRESENTATION:

Ignorance of the law or rules of court is no excuse.
 

Small Claims:	As an individual, you may represent yourself if you choose to do so. Corporations may be represented by an attorney.  These are informal proceedings.
Justice Suit:	As an individual, you may represent yourself if you choose to do so. Corporations may be represented by an attorney. These are formal proceedings. The Texas Rules of Civil Procedure, the Rules of Evidence and the Rules of Discovery are in effect.

PREPARING YOUR CASE FOR TRIAL:

You, as the plaintiff, have the burden of proof to show by the weight of the evidence that the defendant is at fault. You should bring with you to trial all proof of damages and evidence necessary to substantiate your claim. If you have witnesses to your suit who will not come to court voluntarily, you may submit your request for a subpoena in writing at least one week prior to your trial date and pay the required fee for service.

DEFAULT JUDGMENTS:

If the defendant in your suit fails to answer to the court, only you, the plaintiff, will be notified to appear for a Default Hearing. You still must prove your case to the judge. You will be asked to briefly state the facts of your case and present any written evidence you may have to support your case.

SERVICEMEMBERS CIVIL RELIEF ACT:

Defendants in eviction suits may be entitled to certain protections under the Servicemembers Civil Relief Act if they are in the armed services. Under the terms of the Act, if the defendant does not file a written answer or appear in court, the plaintiff is required to file a sworn affidavit regarding the defendant's military status. If necessary, an affidavit of military status is available from the court (see forms). The affidavit can be filed concurrently with the petition. Please be advised that in the event you are unable to ascertain the defendant's military status, you may be required to file a bond in an amount approved by the court before a default judgment may be awarded. Military status records are available from the Department of Defense. Plaintiff who do not have personal knowledge of a defendant's military status and plaintiffs who file suits on a regular basis (i.e. landlords, attorneys, etc.) may want to consider contacting the Department of Defense to register to use the Manpower Data Center website. The contact information is as follows:

Department of Defense
Manpower Data Center (DMDC)
Military Verification Service
1600 Wilson Boulevard, Suite 400
Arlington, VA 22209-5790
Telephone: 703-696-5790
E-mail helpdesk: sscra.helpdesk@osd.pentagon.mil

The Servicemembers Civil Relief Act can be found online at http://thomas.loc.gov/ (search by bill number "HR 100").

TRIAL BY JUDGE OR JURY:

Either party is entitled to trial by jury, provided the request is timely and the fee is paid.

APPEALS:

Either party has the right to appeal if the amount in controversy exceeds $250. The amount of the (surety) bond for appeal will be set by the Judge. Notice of appeal and all the proper paperwork must be received by the court within 10 calendar days of the date of judgment. If the 10th day of the period falls on a Saturday, Sunday, or legal holiday, the period runs until the end of the next day that is not a Saturday, Sunday or legal holiday. Appeals from Justice of the Peace Court go to the County Courts where they are heard de novo (as though they had never been heard before).

After the 10-day period, if no appeal has been filed the judgment becomes final.

POST-JUDGMENT PROCEDURES

ABSTRACT OF JUDGMENT:

Prevailing party may re-appear in this court on the 11^th or subsequent days following judgment, and apply for an abstract of judgment which is filed with the County Clerk(s). An Abstract of Judgment is good for 10 years, and is renewable. The credit bureaus pick up abstracted judgment information. An abstract does two things: it attaches to real property the other party owns and it is reflected on the credit report of the other party.

WRIT OF EXECUTION:

Prevailing party may re-appear in this court on the 31^st day following judgment and apply for a Writ of Execution. This document authorizes the sheriff or constable to seize any assets classified under the law as non-exempt. Those assets are then auctioned at public sale and the proceeds are applied to the judgment. We suggest that you visit with the proper constable or sheriff before the Writ of Execution is issued, because exceptions do apply. The Writ of Execution may be obtained without obtaining an abstract of judgment.

Any other post-judgment procedures are quite complicated. As always, we recommend that you seek sound legal advice.

IMPORTANT

• It is imperative that you provide us with your daytime telephone number.

• You must notify us of any changes in your telephone number or address.

• If your address changes within the 10-year period following the judgment, you should notify the court of your new address.

• The court does not collect the judgment for you, nor can we force the defendant to pay the judgment.

• Should the prevailing party receive any portion of the amount owed after you have received a judgment, it is necessary for you to execute a release of judgment lien or partial release of judgment lien.

• Clerks cannot answer legal questions, only those procedural in nature.

• Fees for filing are payable with cash (correct change), check or money order.

• Always keep track of your case number so you can refer to it when calling our office.

RESOURCES:

1. The State Bar of Texas publishes informative pamphlets on a variety of issues, including one entitled How to Sue in Small Claims Court, available at http://www.texasbar.com/template.cfm?section=pamphlets or call 1-800-204-2222 ext. 2610.

2. Chapter 28 of the Government Code contains provisions regarding small claims courts and can be found online at http://www.statutes.legis.state.tx.us/?link=GV.

3. The Texas Property Code, the Civil Practice and Remedies Code and Vernon's Civil Statutes can also be found online at http://www.statutes.legis.state.tx.us/?link=GV.

4. The Texas Rules of Civil Procedure can be found online at the Texas Supreme Court website: http://www.supreme.courts.state.tx.us/rules/trcphome.asp.