"Plaintiff's Original Petition in Small Claims Court Form" - Texas

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Download "Plaintiff's Original Petition in Small Claims Court Form" - Texas

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INSTRUCTION AND INFORMATION ON SMALL CLAIMS COURT
Before filing in the SMALL CLAIMS COURT, you must mail a Certified Return Receipt Request
letter to the person responsible for your damages, giving him/her 10 days to respond.
(letter should be in your own words) You may file on monetary only
1. The amount of money you may sue in Small Claims Court is limited to $ 10,000.00.
(PLAINTIFF is the party suing.) (DEFENDANT is the party you are suing)
2. In all Small Claims Suits, The Defendant has the right to be sued in the County and precinct in which he/she resides.
It is your burden and important as a Plaintiff, that you understand that for any potential Judgment you may receive to be
valid, it is necessary for you to sue the Defendant in their proper legal capacity, of which there are typically three,
they are as follows:
A. PERSONALLY: where an individual is responsible to you for damages he/she may have caused you as an individual.
B. PROPRIETOR OR PARTNERSHIP: a business that is not incorporated, but does have on filed with the
County Clerk an assumed name e.g. John Smith d.b.a. Greenhouse Supplies.
CORPORATION: the business which has allegedly caused you damages is incorporated and therefore it is necessary
C.
to know the individual’s name who is able to accept service on behalf of the Corporation. (the authorized agent for
service would be listed with the Secretary of State whose phone number is 1-800-252-5555
e.g. Greenhouse inc. Serve: John Doe)
3. If as Plaintiff, you are in the business of loaning money either primarily (Bank, Credit Union, Savings & Loans) or
secondarily (Credit Cards) you are not allowed to filed in Small Claims Courts, however, an Attorney representing any of
the above may file suits on behalf of the above in Justice Court. Also, an action in Small Claims Court may not be
brought by an assignee of the claim or other person seeking to bring an action on an assigned claim,
or a Collection Agency.
4. Once you have filed the Petition & notarized stating the facts and circumstances of your Law-suit, a Citation with a
copy of the petition will be served to the Defendant that a Law-suit has been filed and to answer between 10 to 20 days
from the date of serving the Citation, if he fails to answer the Law-suit, a Default Judgment will be entered in your
favor up until an answer is filed.
5. A TRIAL SETTING notice will be mail to both parties. Its your responsibility to present any evidence to prove your
case, for a Motion for Continuance submit a request in writing within 5 days from the date of trial, if you have witnesses
who will not come to Court voluntarily, you may come in 2 weeks prior to the trial and ask that a subpoena be prepared to
secured their presence. If one party has an Attorney the other party will be advised to secured one. (in this type of law-
suit you do not have to hire an attorney)
6. Should the Judge award Judgment in your favor, the Court does not collect and will not force the
Defendant to pay the Judgment, however to help you collect your Judgment, you may request for:
ABSTRACT OF JUDGMENT FORM , ( 10 days after the trial) to put a lien on any real property the
Defendant may own or reside in a County where the abstract is recorded in County Clerks Office and/or
WRIT OF EXECUTION / RESTITUTION FORM , ( 30 days after the trial) to authorizes the Sheriff or
Constable to seize any assets belonging to the Defendant that are subject to the writ, those assets are then auction at a
public sale and the proceeds are applied to the Judgment.
ANY ADDITIONAL LEGAL INFORMATION, YOU MAY CONSULT AN ATTORNEY.
FEES: (MONEY ORDERS ONLY)
FILING FEE / SERVICE FEE
Abstract of Judgment / Writs / Subpoenas
$ 33.00 ( for filing petition Payable to Justice Court Pct. 5-2)
$7.00
(Payable to Justice Court Pct. 5-2)
$ 60.00 ( for serving citation Payable to Civil Proc)
$ 200.00 (Payable to Sh. Dept. or Const. Dept.) for services
$ 60.00 to sue 2
. Defendant
$ 65.00 (FOR SUPOENAS)
nd
(Payable to C. Proc)
$ 65.00 (Service Fee in another County)
3302 Wilson Rd. HARLINGEN, TEXAS 78550 PHONE: 956-427-8058 (fax=427-8034)
INSTRUCTION AND INFORMATION ON SMALL CLAIMS COURT
Before filing in the SMALL CLAIMS COURT, you must mail a Certified Return Receipt Request
letter to the person responsible for your damages, giving him/her 10 days to respond.
(letter should be in your own words) You may file on monetary only
1. The amount of money you may sue in Small Claims Court is limited to $ 10,000.00.
(PLAINTIFF is the party suing.) (DEFENDANT is the party you are suing)
2. In all Small Claims Suits, The Defendant has the right to be sued in the County and precinct in which he/she resides.
It is your burden and important as a Plaintiff, that you understand that for any potential Judgment you may receive to be
valid, it is necessary for you to sue the Defendant in their proper legal capacity, of which there are typically three,
they are as follows:
A. PERSONALLY: where an individual is responsible to you for damages he/she may have caused you as an individual.
B. PROPRIETOR OR PARTNERSHIP: a business that is not incorporated, but does have on filed with the
County Clerk an assumed name e.g. John Smith d.b.a. Greenhouse Supplies.
CORPORATION: the business which has allegedly caused you damages is incorporated and therefore it is necessary
C.
to know the individual’s name who is able to accept service on behalf of the Corporation. (the authorized agent for
service would be listed with the Secretary of State whose phone number is 1-800-252-5555
e.g. Greenhouse inc. Serve: John Doe)
3. If as Plaintiff, you are in the business of loaning money either primarily (Bank, Credit Union, Savings & Loans) or
secondarily (Credit Cards) you are not allowed to filed in Small Claims Courts, however, an Attorney representing any of
the above may file suits on behalf of the above in Justice Court. Also, an action in Small Claims Court may not be
brought by an assignee of the claim or other person seeking to bring an action on an assigned claim,
or a Collection Agency.
4. Once you have filed the Petition & notarized stating the facts and circumstances of your Law-suit, a Citation with a
copy of the petition will be served to the Defendant that a Law-suit has been filed and to answer between 10 to 20 days
from the date of serving the Citation, if he fails to answer the Law-suit, a Default Judgment will be entered in your
favor up until an answer is filed.
5. A TRIAL SETTING notice will be mail to both parties. Its your responsibility to present any evidence to prove your
case, for a Motion for Continuance submit a request in writing within 5 days from the date of trial, if you have witnesses
who will not come to Court voluntarily, you may come in 2 weeks prior to the trial and ask that a subpoena be prepared to
secured their presence. If one party has an Attorney the other party will be advised to secured one. (in this type of law-
suit you do not have to hire an attorney)
6. Should the Judge award Judgment in your favor, the Court does not collect and will not force the
Defendant to pay the Judgment, however to help you collect your Judgment, you may request for:
ABSTRACT OF JUDGMENT FORM , ( 10 days after the trial) to put a lien on any real property the
Defendant may own or reside in a County where the abstract is recorded in County Clerks Office and/or
WRIT OF EXECUTION / RESTITUTION FORM , ( 30 days after the trial) to authorizes the Sheriff or
Constable to seize any assets belonging to the Defendant that are subject to the writ, those assets are then auction at a
public sale and the proceeds are applied to the Judgment.
ANY ADDITIONAL LEGAL INFORMATION, YOU MAY CONSULT AN ATTORNEY.
FEES: (MONEY ORDERS ONLY)
FILING FEE / SERVICE FEE
Abstract of Judgment / Writs / Subpoenas
$ 33.00 ( for filing petition Payable to Justice Court Pct. 5-2)
$7.00
(Payable to Justice Court Pct. 5-2)
$ 60.00 ( for serving citation Payable to Civil Proc)
$ 200.00 (Payable to Sh. Dept. or Const. Dept.) for services
$ 60.00 to sue 2
. Defendant
$ 65.00 (FOR SUPOENAS)
nd
(Payable to C. Proc)
$ 65.00 (Service Fee in another County)
3302 Wilson Rd. HARLINGEN, TEXAS 78550 PHONE: 956-427-8058 (fax=427-8034)
CAUSE NO:______________
Plaintiff’s Petition
In The Justice Court
to file in
Precinct 5, Place 2,
Small Claims Court
Cameron county, Texas
Plaintiff’s Original petition in Small Claims Court
Plaintiff’s Name:_____________________________________________________________________
Address:________________________________________________________________________________
City/St.:___________________________________________ Phone No:____________________________
Files Suits Against:
Defendant’s Name:___________________________________________________________________
Address:_________________________________________________________________________________
City/St:___________________________________________ Phone No:_____________________________
Plaintiff being duly sworn, on his oath deposes and says that Defendant is justly indebted in the sum of:
Amount of Suit and/or any additional Fees ------------------------$_________________________
Filing Fee ------------------------------------------------------------------$_________________________
Services Fees---------------------------------------------------------------$_________________________
Total ------------------------------------------------------------------------$_________________________
Briefly describe the nature of your demand:____________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
_________________________________________________________________________________________________.
Here the nature of the claim should be state in concise form and without technicality, including all pertinent dates,
And there are no counterclaims existing in favor of the Defendant and against the Plaintiff, except,
__________________________________________________________________________________________________
_______________________________________
Plaintiff’s Signature
SUBSCRIBE AND SWORN TO BEFORE ME THIS __________ day of ______________________20_______.
________________________________________
CLERK OF JUSTICE COURT
Or Notary Public for the STATE OF TEXAS
My Commission expires:_______________
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