What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in Texas. Keep in mind that rules and laws change. It’ s always a good idea to confirm the rules with the court or with further research.
Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $5,000.
Where Suit May Be Brought: Case may be brought where the defendant resides. Contract cases may be brought where the performance expected.
Proper Manner of Service of Process upon Defendant: Service may be made by certified mail by clerk of court, sheriff, constable, or court-approved adult.
How the Hearing Date Is Selected: The hearing date is set by the court.
Attorney Representation Rule: Attorneys are allowed.
Special Provisions Regarding Transfer or Jurisdiction of Cases: Defendant may file a written motion to transfer as provided by the rules governing Justice Courts.
Availability of Appeals: Either litigant may appeal for a new trial to County Court within 10 days.
Special Rules and Notes: No injunctive relief is available in small claims court. Jury trial available if requested at least one day before trial. Right to sue may not be transferred. Collection agents and commercial lenders may not sue.
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Michael Spadaccini is the author of 8 books on self-help legal matters such as, Ultimate LLC Compliance Guide: Covers All 50 States (Ultimate Series), Ultimate Book of Forming Corps, LLCs, Partnerships & Sole Proprietorships, and Ultimate Guide to Forming an LLC in Any State, Second Edition (Ultimate Series).
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