Small Claims Court in Brazoria County

In Brazoria County, Texas small claims cases are typically filed in a Justice court and heard by the Justice of the Peace. Each township in Brazoria County has its own Justice Court and Justice of the Peace that handles small claims cases. There is one Justice Court that manages small claims for all cities within Brazoria County.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Brazoria Court System.

Small Claims Court

Small Claims Court offers a simplified and informal process to resolve minor financial disputes. It is specifically designed to be accessible for individuals, even if they don’t have legal representation. The rules are relaxed to help people navigate the system without needing a lawyer.

Types of Cases Handled

The Small Claims Court hears civil cases where one party is seeking monetary compensation only, up to a limit of $20,000.

Important Limitations:

• The court cannot order someone to:
  • Return personal property
  • Complete repairs or services
  • Start or stop doing something
• Example:
  • If a mechanic charged you for repairs they didn’t complete, you can sue to get your money back, but you can’t make them finish the repairs — that type of case would need to go to a different court.

Who Can File a Claim?

• Adults:
  • Anyone 18 or older can file a claim on their own.
• Minors (Under 18):
  • Can file a claim, but must be assisted by one of the following:
    • A parent
    • A relative
    • A “next friend” (someone over 18 who helps and attends court with them)

Legal Entities That Can File a Claim

• Associations
• Partnerships
• Corporations

Who Cannot File a Claim?

• Businesses that lend money for interest
• Collection agencies

Key Terms

• Plaintiff: The person or business filing the lawsuit
• Defendant: The person or business being sued

What Can I File a Small Claims

Small Claims Court is designed to resolve money-related disputes in a straightforward and affordable way. Below are some of the most common types of cases that fall within its jurisdiction:

1. Breach of Contract
   • What It Means:
     • The defendant made an agreement (written or verbal) and failed to honor it, causing you financial loss.
   • Example:
     • A contractor agreed to remodel your kitchen but never completed the work. You can sue for the money you paid or the costs you incurred to hire someone else.
2. Unpaid Debt
   • What It Means:
     • Someone owes you money and refuses to repay it.
   • Example:
     • You lent money to a friend or client, and despite reminders, they haven’t paid you back. You can file a claim to recover the amount owed.
3. Property Damage or Personal Injury
   • What It Means:
     • The defendant’s actions caused damage to your property or caused you physical harm, and they refuse to pay for the damages.
   • Example:
     • Someone crashed into your parked car and won’t cover the repair costs. You can file a small claims case to recover that money.
4. Wrongful Possession of Property
   • What It Means:
     • The defendant has personal property that belongs to you and refuses to return it.
   • Example:
     • You lent a tool or other valuable item to a neighbor or friend, and they won’t give it back. You can ask the court to award you the value of the item.

What Can’t I File a Small Claims

While the Small Claims Court is a helpful way to resolve many money-related disputes, there are certain types of cases that fall outside its legal authority (jurisdiction).

You cannot use Small Claims Court if your case involves any of the following:

1. Claims Over $20,000
   • What It Means:
     • If you're seeking more than $20,000 in damages (excluding court costs and interest), you must file your case in a different court. This includes both single claims and multiple claims added together that exceed the limit.
2. Personal Property Worth Over $20,000
   • What It Means:
     • If you're trying to recover an item (like a vehicle or equipment) that is worth more than $20,000, the judge may need to assess its value. If the value exceeds the court’s limit, your case cannot proceed in Small Claims Court.
3. Real Estate or Land Disputes
   • What It Means:
     • Small Claims Court cannot decide cases involving the ownership, possession, or transfer of real property (land or buildings). These disputes must be brought in a different court, such as a civil or district court.
4. Defamation, Libel, or Slander
   • What It Means:
     • Cases involving false or damaging statements made about a person (whether spoken or written) are not allowed in Small Claims Court. These claims must be handled by a higher court that can consider complex legal arguments and damages.
5. Requests for Action Instead of Money
   • What It Means:
     • The Small Claims Court can only award money judgments. It cannot:
       • Force someone to complete a job or service
       • Make someone return an item
       • Order someone to stop doing something (like harassing you or posting online)
       • Require someone to take an action (like cutting down a tree)

If you're seeking this kind of relief, you’ll need to file in a court that has equitable powers (like district court).

File a Small Claims Case

When filing a small claims case, it’s essential to file against the person or business legally responsible for your financial loss. Filing against the wrong party can delay or jeopardize your case. Here’s how to ensure you are suing the right person or entity:

If You're Suing a Business

1. Non-Corporate Businesses (Sole Proprietorships or Partnerships)
   • Step 1: Contact the County Clerk where the business operates to find out the names of the owner(s) or partner(s).
   • Step 2: List the actual individuals in your claim — not just the business name.
   • Example of correct filing: John Smith doing business as Smith Auto Repair
   • Example of incorrect filing: Just "Smith Auto Repair" without naming the owner
   • For partnerships, you may need to name each individual partner involved.
2. Corporations
   • Step 1: Find out the name of the corporation’s registered agent, president, or vice president.
   • Step 2: List one of these individuals in your lawsuit along with the corporation’s name.

How to Find a Business’s Legal Structure

To correctly identify and name the business in your claim, use the following resources:

• Assumed Name Records:
  • Visit the County Clerk’s Office in the county where the business is located to search for business names and ownership information.
• Texas Secretary of State – Corporation Division:
  • Phone: 512-463-5555
  • Website: www.sos.state.tx.us/help.shtml
• Office of the Texas State Comptroller:
  • Phone: 1-800-252-1386

Small Claims Court Fee

1. Filing Fee:
   • Amount: $34.00
   • What it covers: This is the base fee required to file a small claims case with the court.
2. Additional Costs:
   • Subpoenas and Legal Actions: Additional fees may apply depending on your case — such as issuing subpoenas or requesting other legal services.
   • Indigent Plaintiffs: If you are considered indigent (unable to afford court costs), you may still be responsible for a basic civil legal services fee unless waived by the court.

Statute of Limitations

It’s the legal deadline to file a case after an event like a broken contract, injury, or property damage. If you miss this deadline, your case will likely be dismissed — even if you're completely right.

Common Filing Deadlines in Texas:

1. Breach of Contract
   • Deadline: 4 years from the date the contract was broken
   • Note: A written contract might have a shorter time limit — check the terms.
2. Property Damage or Personal Injury
   • Deadline: 2 years from the date of the incident
   • Includes: Car accidents, physical injuries, or damaged property

Where Do I File

Small claims cases are filed in Justice Court, and your case will be heard by a Justice of the Peace.

Can You File in Any Justice Court in Texas?

Technically, yes — but it’s not recommended. If you file in the wrong location, the defendant can ask to move the case to the correct court, which is called a motion to transfer venue.

• If the court approves the transfer:
  • You may have to pay the filing fee again.
  • Your case might be delayed.
• Best practice: File in the correct court from the start to avoid extra costs and delays.

How to Choose the Correct Venue (Where to File):

You should file your case in one of the following places:

1. Where the defendant lives
   • The precinct and county where the person or business you’re suing is located.
2. Where the contract was to be performed
   • If your case involves a broken agreement, like an unpaid job or incomplete service.
3. Where the damage or injury occurred
   • Applies to property damage or personal injury cases.
4. Where the personal property is located
   • If you’re suing to get an item back, file where the item is currently located.

How Do I File

1. Fill Out a Petition
   • This is the official form that begins your case. It must include:
     • The full name of the defendant (person or business you're suing)
     • The reason for your claim (why you're suing)
     • The exact amount of money you're requesting
     • Your contact information
   • Tip: Most Justice Courts provide blank petition forms you can fill out in person or online.
   • Important:
     • If you're suing a doctor for medical malpractice, talk to an attorney first — those cases have special legal rules and deadlines.
2. Pay the Filing Fee
   • The fee is usually around $54, but it varies by county.
   • Contact your local Justice Court to confirm the current filing fee.
3. Serve the Defendant
   • Once your petition is filed, the court issues a citation, which is a legal notice that:
     • Tells the defendant they’ve been sued
     • Must be delivered along with a copy of your petition
   • You cannot deliver these documents yourself.
   • They must be served by one of the following:
     • A constable or sheriff
     • A court clerk
     • A private process server
     • Certified or registered mail (must include return receipt & restricted delivery)
4. Pay the Service Fee
   • This is the fee for delivering (serving) the paperwork to the defendant. It depends on:
     • Who performs the service
     • Where the defendant is located
   • Example: If the defendant lives outside your county, the service fee may be higher.
   • Check with your court for local fee options.
5. Get Reimbursed If You Win
   • If you win your case, the court may award you:
     • The amount you sued for
     • The filing fee
     • The service fee
   • That means the defendant could be ordered to repay you for all court-related costs.

Can’t Afford to File

If you’re unable to afford court fees, the legal system still provides a way for you to file your case. Here’s how you can request fee waivers due to financial hardship:

1. Fill Out a Statement of Inability to Afford Payment of Court Costs
   • This form notifies the court that you can’t afford the required fees for your case.
   • Important: Ask the court clerk for the form, as they are required to provide it to you.
2. Swear That the Information Is True
   • You will need to sign the form under oath, which means you're confirming the information is accurate and truthful.
   • Be honest: Lying on this form can lead to legal consequences, so only provide the correct details.
3. Be Complete and Accurate
   • Make sure you fill out every section of the form.
   • Don’t leave anything blank unless it doesn’t apply to you.
   • The more complete and clear your answers are, the easier it will be for the court to process your request.

Why This Matters:

• If the court approves your form, they may waive or reduce your fees, allowing you to proceed with your case without the financial burden of court costs.

Do I Need a Lawyer?

In Small Claims Court, you don’t need a lawyer to file your case, as the process is designed to be straightforward and easy for individuals to navigate on their own. However, if you prefer to have legal representation, you are welcome to hire a lawyer.

If You Don’t Have a Lawyer:

• You can ask a family member or friend to help with things like preparing paperwork, explaining the process, and offering emotional support.
• However, they can’t speak on your behalf in court. Only you can present your case and speak to the judge.

What the Court Cannot Do:

• The court staff cannot give you legal advice. This includes:
  • Whether your case is likely to succeed.
  • Who exactly you should sue.
  • How to strengthen your case or collect a judgment after winning.

Rules of Civil Procedure:

• The court is required to provide access to the rules that apply to your case at no cost. For Small Claims Court cases, the Rules 500 through 507 outline the procedures, what’s expected from both sides, and how the process works.

After File a Small Claims

Keep Your Address Updated

Always make sure your mailing address is current with both the court and the defendant. This ensures you receive all notices, court dates, and important updates. If your contact information changes, notify the court immediately to avoid missing any important communications.

The Court Issues a Citation

After you file your petition, the court will issue a citation. This is a legal notice informing the defendant that they are being sued and must respond within a specified time.

Serving the Citation

The citation must be officially delivered (served) to the defendant. You can do this in the following ways:

• Constable or Sheriff: You can pay a service fee to have law enforcement serve the citation.
• Private Process Server: You can hire a certified process server to deliver the citation.
• Fee Waiver Option: If you cannot afford the service fee, you can submit a Statement of Inability to Afford Payment of Court Costs to request that the fee be waived.

Defendant’s Response

Once the defendant is served, they have 14 days to file a formal answer with the court. They must also send you a copy of their response.

What Happens After the Defendant Responds

• If the defendant files an answer, the court will schedule either:
  • A trial
  • A pre-trial hearing

Pretrial Hearing (If Scheduled)

At the pretrial hearing, you can:

• Inform the court if you need an interpreter.
• Request the court to issue a subpoena to require a witness to appear and testify at your trial.

What to Do If the Defendant Doesn’t Respond

If the defendant fails to file an answer within 14 days of being served, you may proceed with the following steps:

Request a Default Judgment Hearing

You can ask the court to schedule a default judgment hearing. During this hearing:

• You will present your case and explain why you are entitled to the money or property you are requesting.
• If the judge agrees, the court will issue a judgment in your favor without the defendant's participation.

Provide the Defendant’s Last Known Address

When requesting a default judgment, you must provide the court with the defendant’s last known address in writing. This ensures that proper legal procedures are followed and helps the court validate your request.

Submit an Affidavit About Military Status

You must file an affidavit (a sworn statement) with the court, stating one of the following:

1. The defendant is on active duty in the U.S. military.
2. The defendant is not on active duty in the U.S. military.
3. You do not know whether the defendant is on active duty.

The affidavit should also include:

• How you know the defendant’s military status, or
• Why you cannot determine their status.

Verify Military Status Online

To verify if the defendant is on active military duty, you can use the Defense Manpower Data Center (DMDC) online tool at https://scra.dmdc.osd.mil.

Following these steps ensures you follow the legal process correctly when the defendant does not respond, helping you to secure a default judgment in your favor.

Discovery

Discovery is an important part of the legal process in small claims court, allowing both parties to exchange relevant information before the trial. This helps ensure that each side can prepare effectively for the hearing. Here's how discovery works in small claims cases:

1. Discovery Must Be Approved by the Judge
   • Discovery doesn't automatically happen in a small claims case. You need to ask the court for permission before the other party is required to provide any information. This ensures that discovery is fair and that neither party is overwhelmed by unnecessary or excessive requests.
2. How to Request Discovery
   • To start discovery, you must file a motion for discovery with the court. In this motion, you'll explain what specific information you need and why it is essential for your case. The judge will then review your request and decide if it’s reasonable and appropriate to proceed.
3. Reasonable and Necessary Discovery Only
   • The judge will approve only requests for information that are specific, relevant, and essential to the case.
     • Reasonable Request: Asking for specific emails related to a business agreement with the defendant.
     • Unreasonable Request: Asking for all the emails the defendant has sent over the last three years without justification.
4. If You Receive a Discovery Request
   • If the court approves a discovery request made by the other party, you are required to respond.
     • If you believe the request is unfair or irrelevant, you can object by filing an objection with the court.
     • A hearing may be scheduled where the judge will decide if you must provide the information requested.
5. Important Reminder
   • Never ignore a discovery request. Failing to respond can result in serious consequences, such as:
     • Being fined
     • Losing the right to present certain evidence
     • Having your case dismissed

How to Deliver Paperwork to the Defendant

When you file paperwork in your small claims case, it’s important to ensure that both the court and the defendant receive copies. Here are the acceptable ways to deliver the documents:

1. In Person
   • You can personally hand the paperwork directly to the defendant.
2. Certified or Registered Mail
   • Use certified or registered mail, which provides proof of delivery, ensuring that the defendant receives the documents.
3. Delivery Service (FedEx, UPS, etc.)
   • You can use a reputable delivery service like FedEx or UPS, which offers tracking so you can confirm the defendant received the paperwork.
4. Fax
   • If the defendant has a fax number, you may send the paperwork by fax.
5. Email
   • You may email the documents if:
     • The defendant has provided their email address, and
     • They have agreed in writing to receive legal documents by email.

Important:

• Whenever you submit paperwork to the court, you must include proof of delivery. This proof should clearly show:
  • How the paperwork was delivered
  • When it was delivered
  • To whom it was delivered

Reach an Agreement

Settling a case before trial can be a practical way to resolve a dispute without going to court. Here's how it works if you and the defendant decide to settle:

1. Court Judgment Based on Settlement
   • If both parties agree on a settlement, the court can enter a judgment that reflects the terms of the settlement, including the amount of money to be paid to either party.
2. What the Court Cannot Do
   • While the court can enter a judgment based on the settlement, it cannot enforce specific terms such as:
     • Payment plans
     • Deadlines for when payments must be made
3. Creating a Written Contract
   • If your settlement agreement involves terms like a payment plan or a timeline for payments, you will need to:
     • Create a written contract
     • Ensure both parties sign the contract This contract is separate from the court's judgment and offers additional protection in case there are issues later.
4. If the Defendant Breaks the Agreement
   • If the defendant fails to adhere to the terms of the settlement agreement, you have the option to:
     • File a new lawsuit for breach of contract — This case would be based on the defendant's failure to follow the terms of the signed settlement agreement.

Requesting a Jury Trial

In a small claims case, either the plaintiff or the defendant has the option to request a jury trial instead of having a judge make the decision. Here's how it works:

1. How to Request a Jury Trial
   • Submit a Written Request: You need to submit a written request to the court, indicating that you want a jury trial.
   • Deadline: The request must be filed at least 14 days before the trial date.
   • Pay the Jury Fee: A $22 jury fee must be paid when submitting the request.
2. If No One Requests a Jury
   • If neither party requests a jury trial by the deadline, the case will be decided by a judge alone, which is called a bench trial.

Trial Notice and Requesting a Postponement

After you file your small claims case, the court will notify you of your trial date in advance.

1. Trial Notice
   • The court will send you a trial notice at least 45 days before your scheduled trial date.
   • This gives you ample time to gather evidence, prepare witnesses, and get organized for the trial.
2. Requesting a Postponement (Continuance)
   • If you need more time or have a scheduling conflict, you may file a motion for a continuance.
   • Your request must:
     • Be in writing.
     • Clearly explain why you need the postponement.
     • Include any supporting documents (if applicable).
3. Important Reminder
   • Do not skip your trial.
     • If you miss the trial without an approved continuance, your case will likely be dismissed, and you may lose your opportunity to pursue your claim.

Trial

1. Jury Selection (If It’s a Jury Trial)
   • If you or the defendant requested a jury, the trial begins with jury selection, also known as voir dire.
   • Both parties will ask potential jurors questions to help choose a fair and impartial jury.
2. Opening Statements
   • Once the jury is selected (or if it’s a bench trial with just a judge), each side can make an opening statement.
   • This is your chance to briefly explain your case and outline what evidence and testimony you’ll present.
3. Presenting Your Case
   • You’ll call your witnesses to testify and ask them questions to support your version of events.
   • After each witness testifies, the defendant has the right to cross-examine your witnesses (ask them questions).
4. Your Testimony and Evidence
   • You can also testify on your own behalf.
   • Present any evidence that supports your case, such as:
     • Contracts
     • Invoices
     • Receipts
     • Photos or videos
     • Emails, texts, or other documents
   • Make sure your evidence is well-organized and easy to understand.
5. The Defendant’s Turn
   • The defendant will present their side, including witnesses and evidence.
   • You will have the opportunity to cross-examine their witnesses by asking relevant questions.
   • Be respectful and calm — even if you disagree with what’s being said.
6. Closing Arguments
   • After all testimony and evidence, each side can make a closing argument.
   • This is your final opportunity to summarize your case and explain why the court should rule in your favor.
7. Decision
   • If it’s a jury trial, the jury will deliberate and reach a verdict.
   • If it’s a bench trial, the judge will make the decision.
   • The outcome will be announced in open court, and you will also receive a written judgment.

Important Trial Day Tips

• Bring all witnesses and evidence with you to court.
• Be organized, respectful, and clear when presenting your case.
• Speak honestly and confidently — preparation makes a big difference.

What to Do If the Judgment Is Not in Your Favor

If the court rules in favor of the defendant, you have two main options for challenging the decision:

1. Motion for a New Trial
   • What it is: A formal request asking the same court to hold a new trial because something went wrong in the original one (like a legal error or procedural mistake).
   • Deadline to file: Within 14 days of the judgment.
   • How to file:
     • Submit a written motion explaining why a new trial is justified.
     • Clearly describe any mistake or issue that affected the case outcome.
     • Send a copy of the motion to the defendant within one day of filing.
     • Filing fee: $54.
     • If you can’t afford the fee, you can submit a Statement of Inability to Afford Payment of Court Costs.
2. Filing an Appeal
   • What it is: A request for the county court to hear your case from the beginning in what’s called a de novo trial (a new trial).
   • Deadline to file: Within 21 days of the judgment.
     • If you first filed a motion for a new trial and it was denied, the 21-day period starts from the date the motion was denied.
     • Effect: The original judgment is set aside, and the county court conducts a brand-new trial.
3. Requirements for Filing an Appeal
   • To file an appeal, you must meet the following requirements:
   • Choose one of these three options to secure the appeal:
     • Appeal Bond: A $500 bond, backed by a third party (called a surety), guaranteeing payment if you don’t follow through with the appeal.
     • Cash Deposit: A $500 deposit held by the court (may be awarded to the defendant if you abandon the appeal).
     • Statement of Inability to Afford Payment of Court Costs: If you can’t afford the bond or deposit, submit this form to request a waiver.
   • Pay a $54 filing fee to the county court, or file another Statement of Inability to Afford Payment of Court Costs.
   • Send notice of your appeal to the defendant within 7 days of filing it.
4. County Court Filing Fee
   • Once your appeal is filed, you must pay a separate filing fee to the county court unless you’ve filed a Statement of Inability to Afford Payment of Court Costs there as well.

Quick Summary of Your Options

• For a new trial in the same court: File a Motion for a New Trial within 14 days of the judgment. Include the $54 fee (or request a waiver) and notify the defendant within one day.
• For a fresh trial in a higher court: File an Appeal within 21 days of the judgment (or denial of a motion for a new trial). You’ll need to post a $500 appeal bond or cash deposit, or submit a statement of inability to pay. Don’t forget to notify the defendant within 7 days.

Win a Small Claim Case

Winning your small claims case doesn't automatically mean you’ll receive the money right away. If the defendant does not file a motion for a new trial or an appeal, it becomes your responsibility to enforce the judgment. Here are the main tools you can use to collect the judgment:

1. Post-Judgment Discovery
   • What It Is: A way to ask the defendant questions about their finances and assets (such as income, property, or bank accounts) that could be used to pay the judgment.
   • Response Time: The defendant must respond within at least 30 days.
   • Approval Needed: You do not need the judge’s permission to start post-judgment discovery.
2. Abstract of Judgment
   • What It Is: A legal document you can file with the county clerk where the defendant owns real estate.
   • Effect: It places a lien on the defendant’s real property. This means if the defendant tries to sell that property, the lien may need to be paid before the sale can go through. You may receive some or all of what you're owed from the sale.
3. Writ of Execution
   • What It Is: A court order that allows a constable or sheriff to seize and sell the defendant’s personal property (like non-exempt valuables) to satisfy your judgment.
   • Limitations: Not all property can be taken. Some personal belongings are legally protected and exempt from seizure.
   • How to Request: You must file an application with the court at least 30 days after the judgment was entered.
4. Writ of Garnishment
   • What It Is: A court order used to seize money or property held by someone else on behalf of the defendant — usually from a bank account.
   • Common Use: Taking funds directly from the defendant’s bank account.
   • How to Request: You must file:
     • An application with the court that issued the judgment.
     • An affidavit (a sworn statement) explaining why you are entitled to garnishment.
   • Important Consideration: If the third party (like a bank) doesn’t actually have any of the defendant’s assets, you might be responsible for their legal fees. Only file for garnishment if you’re confident it will succeed.

Final Thoughts: Important Reminders

• Post-Judgment Discovery helps you uncover where the defendant keeps their assets.
• Abstract of Judgment helps you create a lien on the defendant’s real estate.
• Writ of Execution and Writ of Garnishment can help collect what you’re owed — but they involve more legal steps and possible costs.
• Be strategic. It may take some time and effort, but using these tools gives you a path to enforcing the judgment and recovering your money.

Courthouse Locations:

Brazoria County Courthouse

111 E. Locust St.
Angleton, TX 77515
(979) 849-5711
https://www.brazoriacountytx.gov/departments/justice-of-the-peace/document

BUILDING HOURS

• Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays

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Let Squabble Help You With Your Claim at Brazoria County

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