Texas Justice Court (Small Claims) Filing Checklist

Texas Justice Court (Small Claims) Filing Checklist

Court: Justice Court, Precinct [____]

County: [________________________________], Texas

Case Number: [________________________________]

Plaintiff: [________________________________]

Defendant: [________________________________]

Date Prepared: [__/__/____]

I. Jurisdictional Limits

Amount Limits

☐ Maximum claim amount: $20,000
☐ Claim amount: $[________________]
☐ Includes damages, penalty, and forfeiture
☐ Excludes interest and court costs

Case Types

☐ Debt collection
☐ Contract disputes
☐ Property damage
☐ Personal injury (up to limit)
☐ Return of security deposit
☐ Repair/remedy cases
☐ Eviction (forcible detainer) - separate procedures

Excluded Cases

☐ Defamation/libel/slander
☐ Title to land (except forcible entry/detainer)
☐ Tax cases
☐ Cases requiring injunctive relief

II. Venue

☐ Defendant resides in precinct
☐ Obligation performed in precinct
☐ Cause of action arose in precinct
☐ Defendant has principal office in precinct
☐ Proper precinct: Precinct [____]

III. Pre-Filing Considerations

Demand

☐ Demand made on defendant (recommended)
☐ Demand date: [__/__/____]
☐ Written demand sent (optional but helpful)

Defendant Information

☐ Correct legal name
☐ Address for service
☐ Business: Registered agent identified

IV. Filing the Claim

Small Claims Petition Form

☐ Court's petition form obtained
☐ Plaintiff information complete
☐ Defendant information complete
☐ Amount claimed: $[________________]
☐ Description of claim
☐ Facts supporting claim
☐ Signed by plaintiff

Supporting Documents

☐ Copies of contracts
☐ Invoices/receipts
☐ Photographs
☐ Correspondence
☐ Other evidence

V. Filing Fee

Justice Court Filing Fee

☐ Filing fee: Approximately $50-100 (varies by county)
☐ Fee paid
☐ OR Statement of Inability to Afford Payment

VI. Citation and Service

Citation Issued

☐ Citation prepared by clerk
☐ Copy for each defendant

Service Methods

☐ Constable or sheriff service
☐ Certified mail, return receipt requested
☐ Private process server (if permitted)

Service Fee

☐ Service fee paid (varies)
☐ Add to recoverable costs

VII. Defendant Response

Answer Deadline

☐ Defendant must appear on court date
☐ Written answer may be filed before hearing
☐ Default if defendant fails to appear

Counterclaim

☐ Defendant may file counterclaim
☐ Must be within jurisdictional limits

VIII. Hearing Preparation

Evidence to Bring

☐ Original documents
☐ Copies for court and defendant
☐ Photographs
☐ Contracts/agreements
☐ Receipts/invoices
☐ Correspondence
☐ Witness statements

Witnesses

☐ Witnesses identified
☐ Witnesses confirmed for hearing
☐ Subpoenas issued (if needed)

Organize Presentation

☐ Chronological timeline
☐ Damages calculation
☐ Practice brief explanation

IX. Hearing Day

What to Bring

☐ Photo ID
☐ All evidence (organized)
☐ Copy of filed petition
☐ Witness list
☐ Calculator

Courtroom Procedure

☐ Arrive early
☐ Check in with clerk
☐ Wait to be called
☐ Address judge respectfully
☐ Present case clearly
☐ Answer questions directly

Attorney Representation

☐ Attorneys ARE permitted in Texas Justice Court
☐ Unlike some other states' small claims courts

X. Judgment

Judge's Decision

☐ Judgment typically announced at hearing
☐ Written judgment entered

If Plaintiff Wins

☐ Judgment amount: $[________________]
☐ Court costs awarded
☐ Interest accrues on judgment

If Defendant Wins

☐ Claim dismissed
☐ Counterclaim judgment (if applicable)

XI. Appeal

Right to Appeal

☐ Appeal to County Court
☐ 21 days to file appeal
☐ Appeal bond required
☐ Trial de novo (new trial)

Appeal Bond

☐ Bond amount: Judgment amount or set by court
☐ Bond posted with justice court

XII. Collecting Judgment

If Defendant Doesn't Pay

☐ Wait 21 days (appeal period)
☐ Abstract of Judgment (for property lien)
☐ Writ of Execution (for asset seizure)
☐ Wage Garnishment (limited in Texas)

Collection Tools

☐ Bank account levy
☐ Property lien
☐ Post-judgment discovery

XIII. Eviction Cases (Forcible Detainer)

Separate Procedures Apply

☐ Pre-suit notice required
☐ 3-day notice to vacate (nonpayment)
☐ Notice requirements vary by situation

Eviction Filing

☐ Petition for Eviction
☐ Citation issued
☐ Hearing within 10 days
☐ Appeal procedures different

XIV. Quality Control Checklist

Before Filing

☐ Amount within $20,000 limit
☐ Correct defendant name
☐ Proper precinct/venue
☐ Claim clearly stated
☐ Filing fee ready

After Filing

☐ Hearing date: [__/__/____]
☐ Time: [________________________________]
☐ Confirm service completed
☐ Prepare evidence

XV. Document Tracking Log

XVI. Key Deadlines

Sources and References

• Texas Justice Court Training Center: https://www.tjctc.org
• Texas Government Code Chapter 27: https://statutes.capitol.texas.gov
• Texas State Law Library: https://guides.sll.texas.gov/small-claims

Prepared by: [________________________________]

Date: [__/__/____]