Small Claim Suit: JP #2

Office Hours:

Monday through Friday

9:00 a.m. to 5:00 p.m.

Phone: (830) 438-2266

Fax: (830) 438-3127

Plaintiff's Original Petition For Small Claim Form

This form can be filled out on line and then printed

Affidavit Form

Judge Susan Dvorak

Physical Address:

2350 Bulverde Road

Bulverde, Texas 78163

Mailing Address:

P.O. Box 250

Bulverde, Texas 78163

TYPE OF CASE:

The amount of money which may be sued for in a Small Claims Court is limited to damages that do not exceed $10,000.00 inclusive of interest.  Small Claims is ONLY for recovery of money. (As of September 1, 2007)

TYPE OF CASE PROHIBITED:

A) By Assignee of Claim

B) By Person primarily engaged in the Business of Loaning Money.

C) Collection Agency or Agent.

In all civil suits, the defendant generally has the right to be sued in the county and precinct in which he resides.  There are exceptions to this rule.

FILING FEE:

Filing Fee:   32.50 court costs

                  65.00 Constable service Fee per defendant 

                  97.50 total if service for one defendant

TYPE OF PLEADINGS:

Petition must be sworn, all other pleadings may be informal, except motion to change venue.

FILING SUIT:

1) The responsibility for completing the petition rests with the Plaintiff. PLEADINGS MUST BE FILED IN DUPLICATE. The Court Clerks will assist with procedural questions, but THEY CANNOT GIVE LEGAL ADVICE.

2)  It is your burden as a plaintiff and is important 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.  These are as follows:

a. Personally:  Where an individual is responsible to you for damage he may have caused as an individual.

b. Proprietor or Partnership:  A business that is not incorporated, by does have on file with  the County Clerk, an assumed name, (e.g. John Smith, dba/ Greenhouse Supplies).

c. Corporation:  The business that 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.  (The registered agent for service would be listed with the Secretary of State whose phone number is 1-512-463-5555.) The Plaintiff will also need the ADDRESS of the REGISTERED AGENT, PRESIDENT, or VICE PRESIDENT for service of the citation. When the suit is filed, the Plaintiff will be filing against the corporation and serving the citation on one of the above mentioned officers of the corporation. It is also possible for an incorporated entity to have an assumed name, e.g. John’s Auto Shop, Inc. dba John’s Garage.

 

3) This Court will give you a receipt showing your case number.  Any change of address or telephone number must be supplied to the Court. 

4) Once you have filed the petition stating the facts and circumstances of your suit, a citation, along with a copy of your petition, will be served to the defendant(s)  notifying them of the fact that a suit has been filed against them in the Court.  The Constable will serve these papers and the Court must wait until they have been returned before further action may be taken.

If the defendant upon whom you are filing resides outside of Comal County:

Please call the court at 830-608-2025 ext 2 for instructions.

ANSWER:

The citation will instruct the defendant to appear before the Court and answer the lawsuit at 10:00 A.M. on the Monday following the expiration of 10 days from the date of service.  This will not be the trial date.

WITNESSES:

If you have any 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 secure their presence.  The fee for each subpoena is $65.00.  Notarized statements from individuals are of very little value and may not always be admissible as evidence.  Personal appearance and testimony are much more beneficial.

DEFAULT JUDGMENT:

If the defendant in your suit fails to answer to the Court, you will be notified of your court appearance date.  You will be asked to briefly state the facts of your case and present any written evidence you may have to support your case.

TRIAL BY JUDGE OR JURY:

The Plaintiff has the burden of proof to show by the weight of the evidence that the defendant is at fault.  It is necessary for you to bring all witnesses, bills of sale, contracts, etc., with you to court to substantiate your claim.

APPEAL:

If you receive a judgment, the defendant has 10 days to appeal the case to the County Court at Law of Comal County.  Should the Court rule that you recover nothing or should you receive a judgment for less than you requested, you may appeal the case to the County Court within 10 days.  If an appeal is not filed within 10 days from the date the judgment is signed, and if a Motion for New Trial is not filed within 1 day from the date the judgment is signed, the judgment becomes final.

ADDITIONAL INFORMATION:

Should you receive judgment, this Court does not collect the judgment for you, nor can we force the defendant to pay the judgment.   If you receive a judgment against the defendant, this court can issue various instruments to assist you in collecting the judgment.

a.  An Abstract of Judgment puts a lien on any real property the defendant may own in a particular county where the abstract is recorded.  The Abstract is only good in the county or counties where recorded.  This can be obtained ten days after the date the judgment is signed.  Fee: $5.00

b.  A Writ of Execution may be obtained thirty days after the Judgment is signed.  This document authorizes the Sheriff to seize any non-exempt assets belonging to the defendant that are subject to the Writ.  Those assets are then auctioned at a public sale and the proceeds are applied to the judgment.  Fee: $205.00

c.  A Writ of Garnishment is also available thirty days after the final judgment has been signed.  This proceeding is a separate suit wherein you are the plaintiff and the defendant’s bank becomes the defendant.  You are actually suing the Bank in which the original defendant has his bank account.  You are warning the said bank to freeze the monetary assets of his account and appear to make answer in the Garnishment suit. AN ATTORNEY SHOULD BE CONSULTED.

TRIAL BY JURY:

You may request a trial by jury, before the case is called for trial not less than one day in advance of the date set for trial and upon payment of a $5.00 jury fee.

THESE INSTRUCTIONS ARE A BROAD INTERPRETATION OF THE LAWS THAT APPLY TO THE COURT.  ANY LEGAL QUESTIONS OR LEGAL INTERPRETATION SHOULD BE BASED UPON YOUR OWN RESEARCH OF THE MATTER OR THE ADVICE OF YOUR ATTORNEY.

Plaintiff's Original Petition For Small Claim Form

This form can be filled out on line and then printed

For additional questions please call:

 CIVIL CLERK

(830) 438-2266 

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