Texas Small Claims Forms

Texas Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Texas Small Claims Forms

  • How do I enforce a small claims judgement in Texas?

    Enforcing a small claims judgment in Texas can involve several actions, such as garnishing wages or placing liens on property. After winning your case, you must file the judgment with the court, which provides you with additional enforcement options. Understanding the Texas Small Claims Forms related to enforcement is key to ensuring you can collect your judgment effectively. For comprehensive resources and form templates, consider exploring US Legal Forms.

  • How to serve someone in Texas Small Claims Court?

    To serve someone in Texas Small Claims Court, you need to file your petition and then issue a citation for service. You can use a certified process server or law enforcement official to deliver the papers. This step is essential, as it ensures the defendant knows about the claim against them. Utilizing US Legal Forms can help you access the correct Texas Small Claims Forms and guidance on fulfilling this requirement legally.

  • How long do you have to file a small claims in Texas?

    In Texas, you generally have two years from the date of the incident to file a small claims case. This time frame applies to most types of claims, but specifics can vary based on the nature of your case. It is vital to act within this period to make use of Texas Small Claims Forms effectively. If you're unsure about your timeline, accessing US Legal Forms can provide clarity and guide you through the filing process.

  • What happens if someone lies in small claims court?

    If someone lies in small claims court, the court may take it seriously, potentially leading to sanctions, fines, or even criminal charges for perjury. Presenting false information erodes trust and can undermine their case significantly. If you suspect falsehoods, make sure to gather evidence to counter their claims. Using Texas Small Claims Forms can also assist in documenting all relevant evidence.

  • Can I file small claims online in Texas?

    Yes, you can file small claims online in Texas through various official court websites or platforms that provide Texas Small Claims Forms. This method simplifies the filing process and allows you to submit documents from the comfort of your home. Check the specific court's online system for instructions and requirements. This approach can save you time and help ensure you meet all necessary deadlines.

  • How to prepare exhibits for small claims court?

    When preparing exhibits for small claims court, start by collecting all relevant documents, photos, and other supporting materials. Use Texas Small Claims Forms to organize your evidence and ensure it adheres to court requirements. Label each exhibit clearly and create an organized presentation for the court. A well-prepared set of exhibits will make it easier for you to communicate your case efficiently.

  • What percentage of people win in small claims court?

    The success rate in small claims court often varies, but studies suggest that claimants win roughly 50-70% of the time. Factors like case preparation and evidence quality significantly influence outcomes. Therefore, utilizing Texas Small Claims Forms effectively can enhance your chances of success. Adequate preparation and presenting your case compellingly can help you improve your odds.

  • How to defend yourself in small claims court?

    To defend yourself in small claims court, you should gather all relevant documents, evidence, and witness information that support your case. Familiarize yourself with Texas Small Claims Forms, which detail the necessary procedures and rules. Present your defense clearly and confidently, focusing on the facts and evidence at hand. Additionally, practice your presentation to ensure clarity.

  • How do I serve someone in Small Claims Court in Texas?

    To serve someone in small claims court in Texas, you need to deliver court documents to the defendant officially. You can do this through a process server, law enforcement officer, or certified mail. Ensuring proper service is key to your case, so consider utilizing Texas Small Claims Forms to guide you through the necessary steps and requirements for service.

  • What is the best evidence for Small Claims Court?

    The best evidence for small claims court includes documents, photographs, and witness statements that directly support your case. Clear and organized evidence can significantly enhance your argument. Utilizing Texas Small Claims Forms can help you outline your case and ensure that your supporting documents are presented effectively.