PLAINTIFF’S ORIGINAL PETITION – SMALL CLAIMS CASE
(Texas Justice Court – Small Claims Docket)
[// GUIDANCE: This template is purposely drafted in a more formal, “complaint‐style” format so that counsel may easily adapt language for higher courts if the matter is appealed. Omit or simplify any sections not required by the particular Justice Court.*
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Allegations
- Representations & Warranties (Allegations)
- Damages & Remedies Requested
- Prayer for Relief
- Verification (Unsworn Declaration)
- Certificate of Service
1. DOCUMENT HEADER
Court: In the Justice Court, Precinct [PRECINCT NO.], [COUNTY] County, Texas
Court Address: [COURT ADDRESS], [CITY], Texas [ZIP]
Cause No.: ________
Plaintiff(s): [PLAINTIFF LEGAL NAME], [TAX ID OR DRIVER’S LICENSE NO.] (“Plaintiff”)
Defendant(s): [DEFENDANT LEGAL NAME], [ADDRESS FOR SERVICE] (“Defendant”)
Filing Date: [DATE]
Monetary Relief Sought: $[AMOUNT] (exclusive of interest, court costs, and allowable statutory fees)
Recitals
A. Plaintiff brings this action under the Texas Rules of Civil Procedure governing justice courts, Tex. R. Civ. P. 500–510 (“Justice Court Rules”).
B. The total amount in controversy does not exceed $20,000, exclusive of interest—within the jurisdictional limit prescribed by Tex. Gov’t Code § 27.031(a)(1) and Tex. R. Civ. P. 500.3.
C. All conditions precedent to filing this action have occurred, been performed, or have been waived.
2. DEFINITIONS
For purposes of this Petition, the following capitalized terms have the meanings set forth below:
“Claim” means the monetary demand stated in Section 5, together with pre- and post-judgment interest, court costs, and any other relief the Court deems just.
“Court” means the Justice Court identified in the Document Header.
“Jurisdictional Limit” means the $20,000 maximum amount in controversy (exclusive of interest) established by Tex. Gov’t Code § 27.031(a)(1) and Tex. R. Civ. P. 500.3.
“Parties” collectively refers to Plaintiff and Defendant.
[// GUIDANCE: Add or delete defined terms as necessary to fit the underlying facts.]
3. OPERATIVE ALLEGATIONS
3.1 Jurisdiction & Venue.
a. The Court has subject-matter jurisdiction under the Jurisdictional Limit.
b. Venue is proper in this precinct because [INSERT VENUE FACTS—e.g., “the contract was to be performed in this county,” “the property damage occurred in this county,” etc.] under Tex. R. Civ. P. 502.4.
3.2 Parties.
a. Plaintiff is an individual resident of [COUNTY] County, Texas, of legal age and standing to sue.
b. Defendant is a [TYPE OF ENTITY OR INDIVIDUAL] whose principal place of business or residence is [ADDRESS]. Defendant may be served with process at [SERVICE ADDRESS] or wherever Defendant may be found.
3.3 Factual Background.
a. On or about [DATE], Plaintiff and Defendant entered into [DESCRIPTION OF AGREEMENT/TRANSACTION OR EVENT GIVING RISE TO CLAIM].
b. Plaintiff fully performed, or was ready, willing, and able to perform all contractual obligations.
c. Defendant breached its obligations by [DESCRIBE BREACH OR WRONGFUL ACT].
d. As a direct and proximate result, Plaintiff suffered monetary damages in the amount of $[AMOUNT], plus interest and costs.
[// GUIDANCE: Replace breach‐of‐contract allegations with negligence, property damage, or other cause-specific facts as appropriate. Small claims courts may hear most civil causes of action that fit within the jurisdictional limit, excluding certain injunctive or title issues (Tex. R. Civ. P. 500.3(e)).]
4. REPRESENTATIONS & WARRANTIES (ALLEGATIONS)
4.1 Plaintiff’s Allegations.
a. Plaintiff represents that the Claim is made in good faith, is within the Court’s jurisdiction, and is not barred by limitations.
b. Plaintiff further alleges that all pre-suit notices required by law or contract, including any demand letters under Tex. Bus. & Com. Code ch. 17 (if DTPA applies), were timely provided.
4.2 Defendant’s Warranty Breach (if applicable).
Defendant expressly or impliedly warranted [SPECIFY WARRANTY]. Defendant’s actions constitute a breach of such warranty, causing Plaintiff damages.
[// GUIDANCE: If warranties are not relevant, delete Section 4.2. Justice Courts do not require the formal “representation & warranty” headings, but including them preserves issues for appeal.]
5. DAMAGES & REMEDIES REQUESTED
5.1 Actual Damages. $[AMOUNT] for out-of-pocket losses.
5.2 Pre-Judgment Interest. At the rate authorized by Tex. Fin. Code ch. 304 from [DATE OF LOSS] until the date of judgment.
5.3 Court Costs. All allowable court costs under Tex. R. Civ. P. 500.
5.4 Post-Judgment Interest. At the statutory rate from judgment until paid in full.
5.5 Other Statutory Relief (if applicable). [Insert attorney’s fees if contract or statute allows, treble damages under the DTPA, etc.—subject to the Jurisdictional Limit.]
[// GUIDANCE: Justice Courts may not award injunctive relief (Tex. Gov’t Code § 27.031(b)(4)). Ensure total requested monetary recovery, inclusive of any statutory enhancement but exclusive of interest and costs, does not exceed $20,000.]
6. PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that:
A. Citation issue and be served upon Defendant in the manner prescribed by law;
B. The Court award Plaintiff the damages and other relief detailed in Section 5;
C. All costs of court be taxed against Defendant; and
D. Plaintiff receive such other and further relief, at law or in equity, to which Plaintiff may be justly entitled.
7. VERIFICATION (UNSWORN DECLARATION)
My name is ____ and I am the Plaintiff in this matter. My date of birth is /_/, and my address is _________.
I declare under penalty of perjury that the foregoing Petition is true and correct.
Executed in __ County, State of Texas, on _//__.
[PLAINTIFF NAME]
[// GUIDANCE: Tex. Civ. Prac. & Rem. Code § 132.001 permits an unsworn declaration in lieu of a notarized verification in state court filings.]
8. CERTIFICATE OF SERVICE
I certify that a true and correct copy of this Petition was served on Defendant at the address stated above by:
[ ] Certified Mail, return receipt requested
[ ] Personal delivery by a person authorized under Tex. R. Civ. P. 501.2
[ ] Other (specify): ______
on the _ day of ____, 20____.
[PLAINTIFF OR PLAINTIFF’S COUNSEL]
APPEAL NOTICE (Informational Only)
Either party may appeal a final judgment to the County Court within 21 days after the Court signs the judgment by filing a written notice of appeal and posting the required bond or making a pauper’s affidavit, as provided in Tex. R. Civ. P. 506.1–506.4.
[// GUIDANCE: Provide this notice to help the client understand post-judgment rights; remove if local rules discourage advisory language in pleadings.]
END OF TEMPLATE
[// GUIDANCE: Prior to filing, replace every bracketed [PLACEHOLDER] with case-specific information, double-check the Court’s filing requirements (some precincts provide mandatory petition forms), and attach any civil case information sheet or addendum required by local rule.]