Instructions For A Civil Suit.

HOW TO FILE A SMALL CLAIMS/DEBT CLAIM SUIT
IN THE JUSTICE OF THE PEACE COURT
PLAINTIFF: A person who brings a suit before the Court.
DEFENDANT: The person who is being sued.
SMALL CLAIMS: A small claims case is a lawsuit brought for the recovery of money damages, civil
penalties, personal property, or other relief allowed by law. The claim can be for no more than $10,000,
excluding statutory interest and court costs but including attorney fees, if any. Small claims cases are
governed by Rules 500-507 of Part V of the Rules of Civil Procedure.
DEBT CLAIMS: A debt claim case is a lawsuit brought to recover a debt by an assignee of a claim, a debt
collector or collection agency, a financial institution, or a person or entity primarily engaged in the
business of lending money at interest. The claim can be for no more than $10,000, excluding statutory
interest and court costs but including attorney’s fees, if any. Debt Claim cases in justice court are
governed by Rules 500-507 and 508 Part V of the Rules of Civil Procedure.
COURT COSTS: Current filing fees are $51.00 and Service fees are $75.00 per citation for Kendall
County. If the defendant is located in a different County, please contact that County for the correct
amount of service and their required form of payment.
VENUE: General Rule. Generally, a defendant in a small claims or debt claims case is entitled to be sued
in one of the following venues:
A. The county and precinct where the defendant resides;

B. The county and precinct where the incident, or the majority of incidents, that gave rise to the claim
occurred.
C. The county and precinct where the contract or agreement, if any, that gave rise to the claim was to be
performed; or
D. The county and precinct where the property is located, in a suit to recover personal property.
PREPARATION FOR FILING A SMALL CLAIMS/DEBT CLAIMS SUIT
The responsibility for filling out your petition and civil case information sheet rests with you. Court
Clerks will assist you if you have procedural questions only; they CANNOT give legal advice.
1. It is the Plaintiff’s duty to provide the correct legal name and address of the person or business your
claim is against. There are typically three proper names, they are as follows:
PERSONALLY: Where an individual is responsible to you for damages he/she may have caused you as an
individual.
PROPRIETOR OR PARTNERSHIP: is a business that is not incorporated, but has filed an “assumed name”
with the County Clerk. e.g. John Smith DBA Greenhouse Supplies To determine whether a company or
individual has an assumed name, contact the County Clerk’s Office in the County where the company is
located.
CORPORATION: The business which has allegedly caused you damage is incorporated and therefore it is
necessary to know the individual’s name who will be able to accept service of behalf of the corporation.
(The registered agent for service would be listed with the Secretary of State whose phone number is
1-800-252- 1386.) e.g. Greenhouse, Inc. by serving John Smith
How to file Small/Debt mod. Dec 2016

2. It is the Plaintiff’s duty to provide the correct address and place of employment or a location where
service of a citation may be served by the Constable or Private Process Server. No post office box will be
accepted. No rural route will be accepted without complete and clear directions.
3. To complete the filing process, a Justice Court Civil Information Sheet, Original Small Claims or Debt
Claim Petition, and a Service Members Civil Relief Act Sec 201(b) will be needed and signed by the
Plaintiff. If filing by mail, the Service Members Civil Relief Act Sec. 201(b) signature will need to be
notarized.
4. At any time, after the suit is filed with the Court, if the Defendant comes in and pays off the debt,
PLEASE notify the Court so a dismissal or release can be prepared.
5. It is up to you to contact the court with any changes of address that occur during this process.
DISCOVERY:
Pretrial Discovery: Pretrial Discovery is limited to that which the judge considers reasonable and
necessary. Any request for pretrial discovery must be presented to the court for approval by written
motion. The motion must be served on the responding party. The discovery request must not be
served on the responding party unless the judge issues a signed order approving the request. Failure to
comply with a discovery order can result in sanctions.
REPRESENTATION: You, as an individual, may represent yourself in Justice Court or you may have an
attorney represent you.
ANSWER: The Defendant in the suit is commanded to answer the Court, in writing, fourteen (14) days
from the date the citation is served upon him. Once the Defendant is served, two things can happen:
A. If the Defendant in your suit files a written answer, the court will set a trial date no sooner than 45
days out. Notice will be mailed to the Plaintiff and Defendant stating the date and time to appear. It is
up to you to make sure the court is aware of any changes in address that may have occurred.
B. If the Defendant in your suit fails to make an answer, then a Plaintiff who seeks a default judgment
against a Defendant must request a hearing, orally or in writing. The purpose of this hearing is for you to
prove up your damages in the suit.
TRIAL BY JUDGE OR JURY: Any party is entitled to a trial by jury. A written demand for a jury must be
filed no later than 14 days before a case is set for trial. A party demanding a jury must pay a fee of
$22.00. If the demand is not timely, the right to a jury trial is waived.
AFTER JUDGMENT: THIS COURT DOES NOT COLLECT THE JUDGMENT FOR YOU.
If you receive a judgment and the defendant does not make a motion for a new trial within 14 days or
appeal the case within 21 days after the judgment is signed, the following remedies are available:
1. ABSTRACT OF JUDGMENT: If Plaintiff is granted a judgment and so desires he/she may get an Abstract
of Judgment from the clerk. The Abstract of Judgment will need to be filed with the County Clerk. This
will be recorded on the Defendant’s credit history.
2. WRIT OF EXECUTION: If you are granted a judgment against the Defendant AND if the Defendant does
not appeal within 21 days, you may request a Writ of Execution any time after the 30th day after the
judgment is signed. A Writ of Execution enables the Constable in the State of Texas to seize nonexempt
property from the Defendant in order to satisfy the judgment.
**The information above is to assist you and is provided to all parties but the Court may not give legal
advice. If you have questions you will want to contact an attorney

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HOW TO FILE A SMALL CLAIMS/DEBT CLAIM SUIT

IN THE JUSTICE OF THE PEACE COURT

PLAINTIFF: A person who brings a suit before the Court.

DEFENDANT: The person who is being sued.

A. The county and precinct where the defendant resides;

PREPARATION FOR FILING A SMALL CLAIMS/DEBT CLAIMS SUIT

How to file Small/Debt mod. Dec 2016

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