Small Claim Suit - JP3
This page has instructions on filing an SMALL CLAIM Suit in the JUSTICE COURT
Monday through Friday
8:00 a.m. to 4:00 p.m.
8:00 am. to 4:00 p.m.
Judge Mike Rust
3079 W. San Antonio St.
New Braunfels, Texas 78130
Phone: (830) 626-4888
Fax: (830) 620-3465
INSTRUCTIONS FOR FILING A SMALL CLAIM / DEBT CLAIM CASES
PLEASE REFER TO THE NEW RULES FOR JUSTICE COURTS
The amount of money which may be sued for in a Justice Court is limited to damages that do not exceed $10,000.00 inclusive of interest.
FILING FEE PLUS CONSTABLE SERVICE FEE:
+ $65.00 = $107.50
as of Sept 1, 2013 TYPE OF PLEADINGS:
FILING FEE PLUS CONSTABLE SERVICE FEE: $42.50 + $65.00 = $107.50 as of Sept 1, 2013
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.
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:
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:
The citation will instruct the defendant to appear before the Court and answer the lawsuit at 10:00 A.M. following the expiration of 14 days from the date of service. This will not be the trial date.
If the defendant answers the suit, the trial will be set after the expiration of 45 days, which is the earliest setting allowed by the Texas Rules of Civil Procedures, unless both parties agree to an earlier date.
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. 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.
If the defendant in your suit fails to answer to the Court, only you, the plaintiff, will be notified for Court for an appearance on the Default Docket. 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.
If you receive a judgment, the defendant has 21 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 21 days. If an appeal is not filed within 21 days from the date the judgment is signed, and if a Motion for New Trial is not filed within 14 day from the date the judgment is signed, the judgment becomes final.
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.
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 $22.00 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.
For additional questions please call:
NEW BRAUNFELS, TEXAS 78130
Official Government Website for Comal County, Texas 2013. All rights reserved.