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.

2 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? .. 9 How do you prepare your case?.. 12 What if you are sued? .. 15 What happens at the trial?.. 15 Mediating your case.

3 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.

4 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. Most people who appeared in smallclaims COURT did not have a lawyer but representedthemselves. These same principals apply in JusticeCourt.

5 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.

6 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. 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.

7 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.

8 You satisfiedall the conditions of your lease and providedyour correct forwarding address in writingwhen you moved. 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.

9 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 .

10 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 ?