Litigation in Small Claims Court
Small Claims Courts are used by citizens to settle monetary disputes in a quick, informal proceeding. The Small Claims process is designed to be easy to use and does not require the use of an attorney. If you feel uncomfortable representing yourself, Texas courts do permit the use of attorneys in Small Claims litigation.
Small Claims Courts have limited jurisdiction and can ONLY award a monetary judgment for a dispute that does not exceed $10,000. The court cannot make someone return, replace, or repair property, and cannot force someone to do something or refrain from doing something. Most claims must be brought within two years from the date of the incident so it is best to file your claim as soon you are convinced this is the only way to resolve your dispute. It is important to know that you must bring the claim on your own behalf, and you are only allowed to sue the individual or business entity that directly harmed you.
Filing Your Claim
1. Go to the County Clerk's office and file a Sworn Statement of the Claim. You must provide specific details of the incident for which you are suing. Include the date the incident happened, details, and the amount that you are asking for.
2. Pay the appropriate filing fee and the fee to have the Defendant served.
3. The Defendant must file an answer by the Monday after the expiration of 10 days after being served or risk a default judgment. Once the Defendant has been served, the Court will set a tentative date. Once the Defendant has filed an answer, or the answer date has passed, the Court will mail notification of the trial date and time to both parties.
Trial
1. Arrive early to court on the date you have been granted. If the Plaintiff fails to appear, your claim may be dismissed. If the Defendant fails to appear, a Default Judgment may be filed against him. In order to receive a Default Judgment, the Plaintiff must still prove the amount that is owed to them.
2. Each side will have approximately 15 minutes to tell their side of the story. The plaintiff will begin, followed by the Defendant. Formal processes, such as objections, are not allowed in Small Claims Court. Remember, the Plaintiff has the burden to prove that the Defendant is the proximate cause of their injuries. It is imperative that you bring all relevant evidence with you to the trial to support your claim.
3. After the Judge has heard both sides, s/he will prepare and sign a Judgment for the party that won. Be sure to let the Bailiff know if you need a copy before you leave the courtroom.
4. Each party has 10 days to appeal the Judgment. The filing party must file an Appeal Bond and pay the appropriate fees. A case which has been appealed will be transferred to the County Court for a rehearing. The County Court is a much more formal process and it is strongly advised that parties seek an attorney at this stage of the process. If no appeal is filed, the winning party can pursue post-judgment remedies.
Collecting Your Judgment
Simply winning the Small Claims case does not guarantee you will receive a judgment. Collecting your money may be difficult, so you should take that into consideration when deciding whether to file a small claim. The Small Claims Court does not have the power to collect a judgment so you must file a writ.
Abstract of Judgment
The winning party can pay a fee and obtain an Abstract of Judgment from the court. This must be filed with the County Clerk at the County Courthouse. This AOJ places a lien on non-exempt, real property for a period of 10 years. This is renewable. It is helpful to have personal information of the Defendant including Date of Birth, Drivers License Number, Current Address, and the Amount of the Judgment.
Writ of Execution
30 days after the Judgment has been signed, the winning party may request a WOE for a fee to enforce the Judgment. The Constable will serve the Defendant and make an oral demand for the money. If the money is not received, the Constable will look for and place a levy on non-exempt personal property which will be confiscated and sold at an auction.
Writ of Garnishment
This device allows you to obtain money that is owed to the person you sued. This is commonly used to seize money from the Defendant's bank account. If you know where the defendant banks, you can take a WOG to the bank and force the executive to turn over the contents of the bank account. A WOG can also be used against a person that is self-employed to get money that is owed to him by his customers. This can be a complicated writ to execute so you may find it helpful to consult an attorney.
