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Justice of the Peace Justice Court and Small Claims
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The primary function of the Justice of the Peace when considering civil matters is to hold
civil court, both justice and small claims, as quickly and judiciously as possibile to relieve the
caseload of the higher courts. There are basically three types of civil suits filed in Justice Court: Civil Suits, Small Claims,
and Evictions. The Rules of Civil Procedure are not applied in Small Claims Court, and it is much less formal.
The Justice Court and Small Claims are very similar in nature and are discussed here. Evictions
are discussed separately.
To begin an action in the Justice Court system, it is recommended that the plaintiff
file a Justice Court Petition in writing stating the nature of the Cause of Action,
and the damages requested. All forms used to file a petition are found in the
Form Downloads section
Disclaimer: The information contained in this section is NOT purported to be all
inclusive. Neither is it intended to serve as legal advice. You are strongly encouraged
to consult the actual law, or consult with an attorney for answers to your questions.
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The Justice Court
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- The amount of debt or damages for which you may sue in Justice Court may not exceed
the limit of the court, which is
$10,000 EXCLUSIVE of interest.
- In all civil suites, the defendant has the right to be sued in the county and precinct
in which they reside.
- Once you have filed the petition stating the facts and circumstance of your suit,
a citation will be served to the defendant notifying him of the fact that a suit
has been filed against him in this court.
- The citation will order the defendant to answer this suit on or before 10 a.m. the
Monday following the expiration of ten days from the receipt of the citation. If
he fails to do so, you then become eligible for a default judgment up until the
time an answer is filed
- If the defendant answers the suit, this court will notify both parties by mail of
the trial date. We discourage motions for continuance. Any request for a continuance
must be in proper written form and timely filed.
- With respect to the trial itself, all legal rules of evidence and procedure apply
in Justice Court suits. An attorney in Justice Court MUST represent CORPORATIONS
- Should you receive judgment, the court does not collect the judgment. However, you
may request an Abstract of Judgment and / or Writ of Execution and/or a Writ of
Garnishment to help you in collection of this judgment.
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Small Claims Court
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- The amount of debt or damages for which you may sue in Justice Court may not exceed
the limit of the court, which is
$10,000 INCLUSIVE of interest.
- In all civil suites, the defendant has the right to be sued in the county and precinct
in which they reside.
- It is your burden as a plaintiff to sue the defendant in their proper legal capacity,
of which there are typically three. They are as follows:
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Personally:
Where an individual is responsible to you for damages he may have caused you as
an individual.
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Proprietor or partnershiip:
A business that is not incorporated, but does have on file with the County Clerk
as assumed name e.g. John Tate d.b.a. John Tate ind./dba Merchantile supplies. To
determine whether or not this person has filed an assumed name, you would contact
the
County Clerk at the Smith County Courthouse
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Corporation:
The business which has allegedly caused you damage is incorporated and therefore
it is necessary to know the individual's name who is able to accept service on behalf
of the corporation. We also need the individual's address (The authorized agent
for service would be listed with the Secretary of State whose phone number is 1-512-463-5555).
- You are strongly urged to discuss your case with an attorney
if you are suing a proprietor, partnership, or corporation. You are responsible
for suing the correct party in their correct capacity. Nothing within this section
should be construed as legas advice.
- With respect to the trial itself, all legal rules of evidence and procedure apply
in Justice Court suits. An attorney in Justice Court MUST represent CORPORATIONS
- If, as plaintiff, you are in the business of loaning money either primarily (banks,
credit unions, savings and loans), or secondarily (credit cards) you are NOT allowed
to file in the Small Claims Court; however, an attorney representing any of the
above may file suits on the behalf of the above in the Justice Court. Also, an action
in Small Claims Court may not be brought by an assigned claim; or collection agency.
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- If either the plaintiff or the defendant is dissatisfied with the decision of the
Justice of the Peace, and the amount in controversy is more that $20.00, the dissatisfied
party may appeal the final judgment to the Smith County County Court at Law. The
procedure for appeal are the same as if the party were appealing from a decision
of the Justice Court.
- If the appeal is by the defendant, within the (10) days from the date of the judgment,
the defendant must file an Appeal Bond, with two or more sureties, in double the
amount of the judgment, The bond is in favor of the adverse party and must promise
that the defendant will prosecute the appeal to conclusion and pay any judgment
that may be rendered by the County Court at Law.
- If the appeal is by the plaintiff, because the Justice of the Peace denied the plaintiff's
claim, the plaintiff, within ten (10) days from the date of judgment, must file
an Appeal Bond, with two or more sureties, in double amount of the costs incurred
in the Small Claims Court and the estimated costs in the County Court, less any
amount that the plaintiff may have already paid. The bond is in favor the the adverse
party and must promise that the plaintiff will prosecute the appeal to conclusion.
See Rule 571, Texas Rules of Civil Procedure
- "Sureties" are persons who guarantee that their principal will perform the promise
made, or pay the amount of the bond. To be a good and sufficient surety, the surety
should be worth at least the amount of the bond after deducting the value of the
surety's property that is exempt from execution of forced sale, and the amount of
all outstanding debts owe by the surety. The surety should have property worth more
than the amount of the bond that is subject to execution
- If the party wanting to appeal is unable to pay the costs of appeal or give any
security for those costs, he/she is entitled to appeal by filing a Pauper's Affidavit
(stating such inability with the Justice of the Peace within five (5) days from
the date of the judgment. Notice must be given to the other party of the filing
of the affidavit, and the facts of the party's inability to pay costs can be contested.
See Section 28.052, Texas Government Code and Rule 572, Texas Rules of Civil Procedure.
- The appeal must be accomplished within the times specified and follow the procedures
specified by the applicable rules of procedure
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- Once the appeal to County Court at Law has been perfected, the Small Claims Court
judgment becomes a nullity, and the County Court at Law must try the case "de novo,"
or over again. This means that the parties must present their respective claims,
evidence, and testimony to the judge of the County Court at Law. No further pleading
in the County Civil Court at Law are required. The judgment of the County Court
at Law on the appeal is final. See Section 28.053, Texas Government Code.
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