Don’t roll over, fight when you think you’re right………..
How Does Texas Small Claims Court Work?
A small claims case starts by filing a claim with the Texas Justice Court. You’ll serve a copy of the claim and court date on the “defendant,” the person or company you’re suing.
At the trial, you’ll present evidence supporting your case. In response, the defendant could present a defense to your action or, if the defendant filed a counterclaim, submit evidence proving you owe the defendant money.
The judge will issue a money judgment to whoever proves they’re entitled to an award. The money judgment allows the creditor to collect using property liens, wage garnishments, bank account levies, and property seizures.
What’s the small claims court limit in the Texas Justice Court?
You can ask for up to $20,000 in a small claims action in the Texas Justice Court. Plaintiffs with claims exceeding the limit can use small claims court if they’re willing to accept the $20,000 cap. Otherwise, they must file in a higher court.
Example. Faith, Emma, and Charlie each have personal injury cases and are considering filing in small claims court. Faith and Emma’s medical bills exceed $30,000. Charlie’s bills are $1,000. When researching small claims rules, they learn about the Texas $20,000 small claims limit. Here’s what they decide to do next.
Faith, wanting $30,000 total compensation, hires a lawyer to file her case in a higher court. Although Charlie can recover his $1,000 in medical bills in small claims court, he also wants compensation for vehicle damage and extensive pain and suffering. Charlie hires a lawyer and files in a higher court. Emma is willing to forgo $10,000 to avoid lengthy litigation and files in small claims court, representing herself.
How to File a Small Claims Action in Texas Justice Court | Nolo
