HOW TO SUE IN JUSTICE COURT - HOME - TYLA

1 H O W T O S U E I N JUSTICE COURTT E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A SH O W T O S U E I N JUSTICE COURTP repared and distributed as a public service by the Texas Young Lawyers Associationandthe State Bar of TexasThis handbook is not a substitute for the advice ofa lawyer and is intended for general informationconcerning how to sue in small claims published 1980. 2000, 2003, 2006, 2008, 2009, 2012, 2013 Texas Young Lawyers AssociationTABLE OF CONTENTSWhat is JUSTICE COURT ?.. 1 What type of case can be brought in JUSTICE COURT ? .. 1 Who can sue in JUSTICE COURT ? .. 3 Are there alternatives to JUSTICE COURT ? .. 3 Should you check with a lawyer?.. 6 Whom do you sue? .. 7 Where do you file suit? .. 8 Have you waited too long to file suit? .. 9 How do you file suit?

2 9 How do you prepare your case?.. 12 What if you are sued? .. 15 What happens at the trial?.. 15 Mediating your case.. 16 Choosing a jury.. 17 Presenting your case.. 18 Deciding your case.. 20 What if I am unhappy with the decision? .. 20 What do I do after I win? .. 21Is JUSTICE COURT right for you? .. 23 Important dates to remember.. 24 Web Resources .. 25 AppendixSample Notice Letter.. 26 AppendixJustice COURT Civil Case Information Sheet.. 281 WHAT IS JUSTICE COURT ?Small claims COURT was known as the People sCourt and on August 31, 2013 it was abolished bythe Texas Legislature. This does not mean you canno longer file your small claims case. Instead, youwill file your small claims case in JUSTICE Legislature created a specific set of rules forJustice COURT that attempt to make it even easierfor a non-lawyers to represent claims COURT provided an informal,uncomplicated place to resolve disputes that do notinvolve enough money to warrant the expense offormal litigation.

3 Most people who appeared in smallclaims COURT did not have a lawyer but representedthemselves. These same principals apply in JusticeCourt. In JUSTICE COURT , the most you can recoveris $10,000, including any attorney someone owes you money, and you cannotobtain payment, do not try to take the law intoyour own hands. Do not start a fight. If you cannotresolve the problem any other way, you may settleyour differences by taking them to TYPE OF CASE CAN BE BROUGHT IN JUSTICE COURT ?Not all disputes can be heard in JUSTICE COURT cannot hear disputes involving a claimfor more than $10,000. No matter how importantthe case is to you, and no matter whether you con-vince the judge that you deserve to recover more,the judge in JUSTICE COURT cannot rule on a disputefor more than $10,000. This amount includes anyattorney s fees but does not include COURT costs and2statutory interest. If you wish to recover more than$10,000 you must consider filing suit in anothercourt with the assistance of an attorney.

4 If your caseis worth more than $10,000, you cannot agree torecover less, just to sue in JUSTICE COURT can award only money. It cannotorder a mechanic to repair your car correctly. Thecourt could only award you the monetary damagesyou suffered because your car was not repaired theway that was promised. The COURT cannot order astore to deliver the television you paid for, butnever received. If you need an order to make some-one do something or to stop doing something,other courts are available. If you win in JusticeCourt, you can win only a judgment for examples of common types of disputesin JUSTICE COURT are:1. You lend money to a friend, and now herefuses to pay More than a month has passed since youmoved from your apartment. You satisfiedall the conditions of your lease and providedyour correct forwarding address in writingwhen you moved.

5 Now the landlord refusesto return your security deposit and will notprovide you a statement of what they havedone with your You have your car repaired. After the car isreturned, you discover that you have beencharged for repairs that were not A credit card company has sued you torecover an unpaid debt on the CAN SUE IN JUSTICE COURT ?Any person over 18 years old can sue in JusticeCourt. A minor can use the COURT by having a parent,relative, or next friend who is over 18 years oldaccompany him to file a claim and attend the COURT may allow an individual representinghimself to be assisted in COURT by a family member oranother person who is not receiving association, partnership, limited liabilitycompany, or corporation may also file a claim inJustice COURT . Unlike other courts, a legal entitylike a corporation does not need an attorney to filea claim in JUSTICE COURT .

6 A corporation may appearin JUSTICE COURT through an employee or officer,even if the person is not a person or corporation may be representedby an attorney. Some entities, however, may not use JusticeCourt. Banks and other institutions that are in thebusiness of lending money for interest cannot suein JUSTICE COURT . A collection agency also cannotsue in JUSTICE COURT . But if you have a claim againsta bank or a collection agency, you can file suit againstthem in JUSTICE THERE ALTERNATIVES TO JUSTICE COURT ?You should always try to settle a dispute with-out cases are filed in JUSTICE COURT that couldhave been resolved without a lawsuit. If you file a4lawsuit, you will find that you must spend timepreparing your case. You will also have to pay certainfees to have your case processed. A trial in JusticeCourt, although informal, can be a time-consumingand emotionally draining many cases, there are alternatives to going tocourt.

7 In a dispute with your landlord, you may beable to resolve the matter through your apartmentassociation. In a dispute with a business, the BetterBusiness Bureau may be helpful. The Dry CleanersAssociation may be able to resolve a problem withyour dry cleaner. In a dispute over wages or involv-ing deceptive trade practices, a call to the attorneygeneral s office may be worthwhile. Sometimes a localtelevision station or newspaper will have a consumeraction department. Occasionally, such departmentsare extremely effective in recovering money for con-sumers and are sometimes successful in recoveringmoney where a suit in JUSTICE COURT would cities also have neighborhood dispute resolu-tion centers that may help you resolve your disputewithout a steps may help you settle a disputewithout going to COURT :1. First, carefully analyze the nature and costof the wrong and determine how much youhave been damaged.

8 How much moneywould it take to make you whole that is,how much money would it take to put youin the position where you would have beenhad the other party done what he or shepromised to do? For example, if the laundryhas ruined a piece of your clothing, estimatethe value of the article Once you know what you want, call the storeor the person whom you feel is to a person in authority, not a salesper-son. Generally, a store manager or an officerwith authority to make decisions is Calmly explain your side of the story andhow you feel you were wronged. NEVER become abusive or upset. A calm and logicalapproach will accomplish far more thanraised voices and outrage. Yelling and shout-ing will not increase the amount that youare entitled to recover and will only createhard feelings. Be assertive, not Demand something specific. Ask the storeor person to replace the garment, return yourmoney, or some other specific them exactly what you want to resolvethe If the store manager or person in charge isunresponsive, or if you are unable to reachhim by telephone, then write a letterexplaining your complaint.

9 Send the letterby certified mail, return receipt to keep a copy of the letter andthe signed return receipt. Be sure you mailthe letter to the correct address. The lettershould be clear and concise. There is noneed for long-winded discussions or fancylegal language. There is a sample letter atthe end of this If the phone call or letter is unsuccessful atresolving the dispute, and you have triedeverything else within reason, you shouldseriously consider filing YOU CHECK WITH A LAWYER?If your attempts to settle the dispute areunsuccessful, you should determine whether or notyou need an the amount involved is significant, or if youare not comfortable representing yourself, the assis-tance of an attorney may be a good idea. In othercases, you should be able to competently representyourself in JUSTICE COURT . Remember, this really isthe People s COURT .

10 In some cases, you will be entitled by law torecover attorney s fees. In those cases, you may beable to hire a lawyer to represent you and charge youa contingency fee; that is, charge you a fee only if youwin. This can open up other courts to you whichotherwise you may not be able to use effectivelywithout a lawyer representing you. Even in JusticeCourt, a lawyer can often increase your chance ofwinning or advise you of opportunities to collectadditional damages. For example, in certain con-sumer and landlord tenant disputes you can recoverthree times your damages. An attorney may be ableto advise you about these laws or refer you to otherpublications, such as the Texas Young LawyersAssociation Tenants Rights Handbook, that can helpyou understand your rights. To find out more aboutavailable booklets call the State Bar of Texas at 1-800-204-2222, ext. 1800, or visit find an attorney to assist you, talk with relatives and friends to see who they may want to contact local referral services orcall the State Bar of Texas lawyer referral service at 1-877-9 TEXBAR (1-877-983-9227).