How to File a Civil Lawsuit in Texas
Choose the right court., Research your case., Draft your petition., Draft your discovery requests., Sign your petition., File your petition., Wait for the defendant's answer., Decide if you want to request a jury., Attend your hearing.
Step-by-Step Guide
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Step 1: Choose the right court.
Justice and small claims courts allow you to settle disputes involving smaller amounts of money using simplified, less formal procedures.
However, your case must meet the requirements for a justice or small claims court to have jurisdiction.In Texas you must be over the age of 18 to file a suit in justice or small claims court.
You also can file suit as an association, partnership, corporation, or other business entity, as long as you aren't a collection agency or in the business of lending money at interest.For example, if you own a construction business and you want to sue a contractor for damages worth $5,000, you can sue in small claims court.
However, a bank couldn't use small claims court to sue you to collect on a $5,000 loan.
Generally, small claims courts in Texas hear claims for money damages of $10,000 or less.If the damages actually are worth more than $10,000, the court doesn't have jurisdiction, even if you claim a lesser amount.
In many states, you simply forfeit your claim to any greater damages if you file in small claims court.
However, in Texas, if the evidence shows damages greater than $10,000, the court will dismiss your case.
You can't get away with telling the court you're willing to settle for the smaller amount.For example, if the defendant caused $12,000 worth of damages to your car when he drove into a tree, you can't sue him for $10,000 in small claims court.
Justice courts also are limited to claims under $10,000, but also have the ability to order defendants to do something such as return property, or enforce liens on real property.
However, as with small claims the amount of property in contention must be $10,000 or less.You can only sue a business or person in Texas if they are present in the state.
In the case of a person, this typically means you sue in the county where they live.
If you want to sue a business, you generally must sue in the county where the company is headquartered or has an office. -
Step 2: Research your case.
Before you draft your petition, gather information about your claim and make sure you can satisfy all legal requirements.
Each type of claim has basic elements you must prove for the court to award you damages.
For example, if you claim the defendant owes you money because you tripped on his porch, you must prove that he had some duty to maintain his porch so you wouldn't trip, that he failed to maintain it in a reasonable manner, and that you were injured as a result.
Each type of claim also has a deadline called a statute of limitations, after which you can't file a lawsuit.
In most cases, Texas law gives you two years after the dispute arose to file suit, but in some other situations you have as long as four years.You can read the applicable Texas law at http://www.statutes.legis.state.tx.us/. , Each county court has forms you can use to open a case in justice or small claims court.The form will ask for your full name and address, as well as the full name and address of the person or company you're suing.
If you're suing a business, check the Secretary of State's business records and make sure you're using the correct full legal name.Once you've identified the parties in the case, state in plain language the amount of your claim and its basis, including the date the dispute arose.Finish your petition by stating specifically the relief you request from the court.
If you want the court to enforce a lien or order a transfer of property, you must identify the property.
If you're seeking monetary damages, state a specific dollar amount you believe you are owed., Limited discovery is allowed in justice or small claims courts in Texas, and you can file your requests along with your petition.
Discovery is common in justice court cases.
However, you must ask the judge for permission if you want to make discovery requests in a small claims case.Limited discovery typically is confined to written questions requiring sworn answers from the other side, or requests for the other side to produce certain documents or evidence that you believe you need to review to help evaluate your case., After you've completed your petition, read over it carefully before you sign it.
When you sign it, you are swearing under oath that everything in the petition is true.In some cases, you may be required to sign your petition in the presence of a notary.Make copies of your completed petition along with any other documents or forms you intend to file – at least one for your own records and one for each person or business you're suing.
The clerk will keep the originals when you file them. , You must file your petition with the clerk of court in the county where your claim will be heard.
When you file your petition, you must pay a filing fee as well as a service of citation fee, which covers the costs of serving the person you're suing.
If you file in justice or small claims court, the clerk will take care of service for you.Filing fees for justice or small claims court are around $25.
In addition to this, you'll pay a service fee of around $60 per defendant you need to have served., From the date he is served with your petition, the defendant has roughly 10 days to file an answer and respond to any discovery requests you included.
You should call the clerk two or three weeks after you file your petition and find out the exact date the defendant was served.
The defendant's time period to answer is calculated from this date.
To find the defendant's deadline to file an answer, count 10 days from the date of service.
The first Monday after the last day of that period is your defendant's deadline to file an answer.Verify the date with the clerk and find out if the defendant has filed an answer.
If the response period has expired and he has not filed an answer, you may win your case by default if you appear for your hearing.
However, keep in mind you still have to prove your case to the judge., Texas law allows either party in a small claims case to request a jury.If you want a jury, you must make your request no later than one day before your hearing is scheduled and pay a $5 fee.If no jury is requested either by you or the person you've sued, your claim will be heard by a single judge.At the same time, you can request subpoenas from the clerk if you have witnesses you want to appear at your final hearing.
The clerk will issue as many subpoenas as you need, provided you have the full legal name and address of each witness and pay the appropriate fees.If you filed a sworn petition, the defendant must respond with a sworn answer.This means that if you signed your complaint in the presence of a notary, the defendant likewise must sign his answer in the presence of a notary. , You must attend the hearing of your claim or the court will dismiss your case.
Some local rules require you to wait 45 days after the defendant files his answer before you set your case for trial.
Talk to the clerk where you filed your claim and find out the rules that apply in that jurisdiction.If the defendant does not appear and he was properly served, you may win your case by default.
You still have to prove to the judge that the defendant owes you the money or other relief you requested.If the defendant does appear, the judge will give you the opportunity to present your side of the case first.
Procedures are less formal than in full court, but you may present any evidence you have or call any witnesses to testify on your behalf.
After you present your case, the defendant will be given an opportunity to tell the court his side of things.
If the defendant calls witnesses, you will be able to ask them questions to raise doubt about their statements.Once both sides have presented their cases, the judge will render his verdict. -
Step 3: Draft your petition.
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Step 4: Draft your discovery requests.
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Step 5: Sign your petition.
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Step 6: File your petition.
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Step 7: Wait for the defendant's answer.
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Step 8: Decide if you want to request a jury.
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Step 9: Attend your hearing.
Detailed Guide
Justice and small claims courts allow you to settle disputes involving smaller amounts of money using simplified, less formal procedures.
However, your case must meet the requirements for a justice or small claims court to have jurisdiction.In Texas you must be over the age of 18 to file a suit in justice or small claims court.
You also can file suit as an association, partnership, corporation, or other business entity, as long as you aren't a collection agency or in the business of lending money at interest.For example, if you own a construction business and you want to sue a contractor for damages worth $5,000, you can sue in small claims court.
However, a bank couldn't use small claims court to sue you to collect on a $5,000 loan.
Generally, small claims courts in Texas hear claims for money damages of $10,000 or less.If the damages actually are worth more than $10,000, the court doesn't have jurisdiction, even if you claim a lesser amount.
In many states, you simply forfeit your claim to any greater damages if you file in small claims court.
However, in Texas, if the evidence shows damages greater than $10,000, the court will dismiss your case.
You can't get away with telling the court you're willing to settle for the smaller amount.For example, if the defendant caused $12,000 worth of damages to your car when he drove into a tree, you can't sue him for $10,000 in small claims court.
Justice courts also are limited to claims under $10,000, but also have the ability to order defendants to do something such as return property, or enforce liens on real property.
However, as with small claims the amount of property in contention must be $10,000 or less.You can only sue a business or person in Texas if they are present in the state.
In the case of a person, this typically means you sue in the county where they live.
If you want to sue a business, you generally must sue in the county where the company is headquartered or has an office.
Before you draft your petition, gather information about your claim and make sure you can satisfy all legal requirements.
Each type of claim has basic elements you must prove for the court to award you damages.
For example, if you claim the defendant owes you money because you tripped on his porch, you must prove that he had some duty to maintain his porch so you wouldn't trip, that he failed to maintain it in a reasonable manner, and that you were injured as a result.
Each type of claim also has a deadline called a statute of limitations, after which you can't file a lawsuit.
In most cases, Texas law gives you two years after the dispute arose to file suit, but in some other situations you have as long as four years.You can read the applicable Texas law at http://www.statutes.legis.state.tx.us/. , Each county court has forms you can use to open a case in justice or small claims court.The form will ask for your full name and address, as well as the full name and address of the person or company you're suing.
If you're suing a business, check the Secretary of State's business records and make sure you're using the correct full legal name.Once you've identified the parties in the case, state in plain language the amount of your claim and its basis, including the date the dispute arose.Finish your petition by stating specifically the relief you request from the court.
If you want the court to enforce a lien or order a transfer of property, you must identify the property.
If you're seeking monetary damages, state a specific dollar amount you believe you are owed., Limited discovery is allowed in justice or small claims courts in Texas, and you can file your requests along with your petition.
Discovery is common in justice court cases.
However, you must ask the judge for permission if you want to make discovery requests in a small claims case.Limited discovery typically is confined to written questions requiring sworn answers from the other side, or requests for the other side to produce certain documents or evidence that you believe you need to review to help evaluate your case., After you've completed your petition, read over it carefully before you sign it.
When you sign it, you are swearing under oath that everything in the petition is true.In some cases, you may be required to sign your petition in the presence of a notary.Make copies of your completed petition along with any other documents or forms you intend to file – at least one for your own records and one for each person or business you're suing.
The clerk will keep the originals when you file them. , You must file your petition with the clerk of court in the county where your claim will be heard.
When you file your petition, you must pay a filing fee as well as a service of citation fee, which covers the costs of serving the person you're suing.
If you file in justice or small claims court, the clerk will take care of service for you.Filing fees for justice or small claims court are around $25.
In addition to this, you'll pay a service fee of around $60 per defendant you need to have served., From the date he is served with your petition, the defendant has roughly 10 days to file an answer and respond to any discovery requests you included.
You should call the clerk two or three weeks after you file your petition and find out the exact date the defendant was served.
The defendant's time period to answer is calculated from this date.
To find the defendant's deadline to file an answer, count 10 days from the date of service.
The first Monday after the last day of that period is your defendant's deadline to file an answer.Verify the date with the clerk and find out if the defendant has filed an answer.
If the response period has expired and he has not filed an answer, you may win your case by default if you appear for your hearing.
However, keep in mind you still have to prove your case to the judge., Texas law allows either party in a small claims case to request a jury.If you want a jury, you must make your request no later than one day before your hearing is scheduled and pay a $5 fee.If no jury is requested either by you or the person you've sued, your claim will be heard by a single judge.At the same time, you can request subpoenas from the clerk if you have witnesses you want to appear at your final hearing.
The clerk will issue as many subpoenas as you need, provided you have the full legal name and address of each witness and pay the appropriate fees.If you filed a sworn petition, the defendant must respond with a sworn answer.This means that if you signed your complaint in the presence of a notary, the defendant likewise must sign his answer in the presence of a notary. , You must attend the hearing of your claim or the court will dismiss your case.
Some local rules require you to wait 45 days after the defendant files his answer before you set your case for trial.
Talk to the clerk where you filed your claim and find out the rules that apply in that jurisdiction.If the defendant does not appear and he was properly served, you may win your case by default.
You still have to prove to the judge that the defendant owes you the money or other relief you requested.If the defendant does appear, the judge will give you the opportunity to present your side of the case first.
Procedures are less formal than in full court, but you may present any evidence you have or call any witnesses to testify on your behalf.
After you present your case, the defendant will be given an opportunity to tell the court his side of things.
If the defendant calls witnesses, you will be able to ask them questions to raise doubt about their statements.Once both sides have presented their cases, the judge will render his verdict.
About the Author
Daniel Chavez
Writer and educator with a focus on practical pet care knowledge.
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