Small Claims Court in Cameron County

In Cameron County, Texas small claims cases are typically filed in a Justice court and heard by the Justice of the Peace. Each township in Cameron 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 Cameron 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 Cameron Court System.

Small Claims Court

Small Claims Court is a simplified and informal way to resolve minor financial disputes without the complexity of a traditional courtroom. It’s designed to make it easier for individuals to file and present their cases, often without needing a lawyer. The rules are intentionally relaxed to help people navigate the process more easily.

Types of Cases Handled

Small Claims Court deals with civil cases where a party is seeking monetary compensation, up to $20,000. However, there are certain limitations:

• Money Only: The court cannot order someone to return property, repair or replace anything, or stop or start an action.
• Example: If you paid a mechanic for repairs that were never completed, you can ask for the money back. But, you cannot force the mechanic to do the repairs in Small Claims Court. That would require a different type of court.

Who Can File a Claim?

• Adults: Anyone 18 or older can file a claim in Small Claims Court.
• Minors: Individuals under 18 can file a claim, but they must be assisted by:
  • A parent
  • A relative
  • A "next friend" (someone over 18 who helps with the case and attends the trial)

Legal Entities that Can File a Claim:

• Associations
• Partnerships
• Corporations

Who Cannot File a Claim?

• Businesses that lend money for interest
• Collection agencies

The person who files the claim is referred to as the plaintiff, while the person being sued is called the defendant.

What Can I File a Small Claims

Small Claims Court is generally used for resolving money-related disputes. The types of cases that fall within the court's jurisdiction are typically those where one party is seeking compensation for financial loss. Here are some common reasons people file small claims cases:

1. Breach of Contract
   • What It Means: The defendant made a promise, such as through a business deal or service agreement, and didn’t follow through.
   • Example: If a contractor agreed to renovate your home but failed to complete the job as promised, you could file a claim for the money you lost because of the breach.
2. Unpaid Debt
   • What It Means: The defendant owes you money and refuses to pay.
   • Example: If you lent someone money and they have not paid it back despite your requests, you can file a small claims case to recover the debt.
3. Property Damage or Personal Injury
   • What It Means: The defendant’s actions caused damage to your property or physical harm to you.
   • Example: If someone accidentally damages your car in an accident and refuses to pay for the repairs, you can file a claim to cover the repair costs.
4. Wrongful Possession of Property
   • What It Means: The defendant has personal property that belongs to you and won’t return it.
   • Example: If a friend refuses to return your borrowed items, such as a tool or a piece of equipment, you can file a claim to get it back.

What Can’t I File a Small Claims

While Small Claims Court is designed to handle straightforward disputes, there are certain types of cases it cannot address. You cannot file a small claims case if your situation involves any of the following:

1. You're Asking for More Than $20,000
   • What It Means: If the amount of money you are trying to recover exceeds $20,000, your case must be filed in a different court. Small Claims Court has a cap on the amount it can award, typically $20,000.
2. You're Trying to Recover Personal Property Worth More Than $20,000
   • What It Means: If you're seeking the return of an item that is worth more than $20,000, the Small Claims Court may need to hold a hearing to determine the item's value. If the item exceeds the limit, your case will need to be heard in a different court.
3. You're Trying to Recover or Obtain Title to Real Property (Land)
   • What It Means: Small Claims Court cannot handle cases involving real estate disputes, such as ownership or possession of land. These types of cases must be filed in a different court.
4. You're Suing for Defamation, Libel, or Slander
   • What It Means: Claims based on harmful or false statements made about you (such as defamation, libel, or slander) must be filed in a higher court. The Small Claims Court does not have jurisdiction over these types of cases.
5. You Want the Court to Make Someone Do or Stop Doing Something
   • What It Means: Small Claims Court is designed for money-related judgments. It cannot issue orders that require someone to complete a service or job, remove social media posts, or take other actions, like cutting down a tree.

File a Small Claims Case

To file a small claims case, you must identify and file against the person or business legally responsible for your loss — whether it's unpaid money or personal property that hasn’t been returned. Here’s how to determine the correct party to file your case against:

If You’re Suing a Business:

1. For Non-Corporate Businesses (e.g., Sole Proprietorships or Partnerships):
   • Step 1: Contact the County Clerk to find out who the owners or partners are.
   • Step 2: You must name the correct individuals in your claim (not just the business name). If you're suing a partnership, for example, you will need to name each partner involved.
2. For Corporations:
   • Step 1: You’ll need to list the name of the registered agent, president, or vice-president of the corporation in your lawsuit.

How to Find a Business’s Legal Structure:

To properly identify the business and its legal structure, you can use these resources:

• Check the Assumed Names Records: Visit the County Clerk’s office where the business is located to search for any assumed business names.
• Contact the Secretary of State – Corporation Division:
  • Phone: 512-463-5555
  • Website: www.sos.state.tx.us/help.shtml
• Contact the Office of the State Comptroller:
  • Phone: 1-800-252-1386

By identifying the business’s proper legal structure and the correct individuals or representatives, you can ensure that your case is filed against the right party.

Small Claims Court Fee

Here’s a breakdown of the costs to file a small claims case in Cameron County (or based on a similar fee structure):

• Filing Fee: $56
  • This is the basic fee to file your case with the court.
• Service Fee (Per Defendant): $90
  • This covers the cost of serving the defendant with the lawsuit (citation and petition).
• Total Per Defendant: $146
  • This includes the filing fee ($56) and service fee ($90).
• Additional Service Fee: $90 per additional defendant
  • If you are suing more than one person and they need to be served outside of Cameron County, you will pay $90 for each additional out-of-county service.
• Tip: Always check with your local justice court to confirm current fees, as they can vary by precinct and are subject to change.

Statute of Limitations

It’s the legal time limit you have to file a case after something happens (such as a broken contract or property damage). Once that time runs out, the court will almost certainly dismiss your case — even if you’re completely in the right.

• Common Filing Deadlines in Texas:
  • Breach of Contract
    • You generally have 4 years from the date the contract was broken. (Unless the contract itself sets a shorter deadline.)
  • Property Damage or Personal Injury
    • You typically have 2 years from the date of the incident. (This includes car accidents, physical injuries, or damage to your belongings.)

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, you can file in any Justice Court. But if you file in the wrong location, the defendant can request the case be moved to the proper venue (the correct court based on the facts of the case).

If the court agrees to transfer the case:

• You might have to pay the filing fee again in the new location.
• It could also delay your case.

So, it’s best to file in the right place from the beginning.

How to Choose the Correct Venue

File your case in one of these places:

• Where the defendant lives
  • This means the precinct and county where the person or business you’re suing is located.
• Where the contract was supposed to be performed
  • If you're suing for a broken contract or unpaid service.
• Where the damage or injury occurred
  • This applies to cases involving property damage or personal injury.
• Where the personal property is located
  • If your case is about getting specific items returned.

How Do I File

1. Fill Out a Petition

   • The petition is the official form that starts your case. It must include:
     • The name of the person or business you’re suing (the defendant)
     • The reason you’re suing them
     • The exact amount of money you’re asking for
     • Your contact information
   • Most Justice Courts provide blank petition forms you can fill out.
   • Important: If you’re suing a doctor for medical malpractice, speak with an attorney first. These cases follow special rules and deadlines.

2. Pay the Filing Fee

   • The filing fee is generally around $54, though this amount can vary by county.
   • Check with your specific Justice Court to confirm the current amount.

3. Serve the Defendant

   • Once your petition is filed, the court issues a citation — a legal notice that lets the defendant know they’ve been sued. This citation and a copy of your petition must be “served” (delivered) to the defendant.
   • You cannot serve the documents yourself. They must be delivered by:
     • A constable, sheriff, court clerk, or
     • A private process server, or
     • Certified or registered mail (must include return receipt and restricted delivery)

4. Pay the Service Fee

   • There’s an additional fee to have the defendant served. The fee depends on:
     • Who you use to serve the papers
     • Where the defendant is located
     • Some counties charge more for out-of-county service
     • Check with the court for local rates and options.

5. Get Reimbursed If You Win

   • If the court rules in your favor, your judgment may include:
     • The amount of money you sued for
     • The filing fee
     • The service fee
   • This means the defendant may be ordered to repay all of your court-related costs.

Can’t Afford to File

The court system is designed to be accessible to everyone — including people who may not have the money to pay court fees. If you’re facing financial hardship, you still have the right to file your case. Here's what you need to do:

1. Fill Out a Statement of Inability to Afford Payment of Court Costs
   • This is a form that lets the court know you can’t afford the required fees.
   • Ask the court clerk for this form — they are required to provide it to you.
2. Swear That the Information Is True
   • You’ll sign the form under oath, meaning you’re promising that everything on it is accurate and truthful.
   • Be honest — if you provide false information, there could be legal consequences.
3. Be Complete and Accurate
   • Fill out every part of the form. Don’t leave anything blank unless it truly doesn’t apply to you.
   • The more complete and clear your information is, the easier it will be for the court to process.

Why This Matters:

• If the court approves your form, they may waive or lower your fees, allowing you to continue with your case without a financial burden.

Do I Need a Lawyer?

You don’t need a lawyer to file a small claims case — the process is meant to be straightforward and user-friendly so that you can handle it on your own. Still, if you prefer to have a lawyer represent you, you’re allowed to do so.

• If You Don’t Have a Lawyer:
  • You can ask a trusted family member or friend to help you prepare your case. They can assist with paperwork, explain the process, and offer support. However, only you can speak in court — they’re not allowed to speak on your behalf during the hearing.
• What the Court Cannot Do:
  • The court staff can’t give you legal advice. That means they can’t tell you:
    • Whether or not your case will win
    • Who exactly you should sue
    • What steps you need to take to strengthen your case or collect a judgment
• Rules of Civil Procedure:
  • The court must provide access to the rules that apply to your case at no cost.
  • In small claims court, these are Rules 500 through 507. These rules explain how the process works and what’s expected from both sides during the case.

After File a Small Claims

1. 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. Notify the court immediately if your contact information changes.
2. The Court Issues a Citation
   • After you file your petition, the court will prepare a citation. This is a legal notice that tells the defendant they are being sued and must respond within a certain time.
3. Serving the Citation
   • The citation must be officially delivered (served) to the defendant. You can do this in one of the following ways: a. Constable or Sheriff: Pay a service fee to have law enforcement serve the paperwork. b. Private Process Server: Hire a certified process server to deliver the citation. c. Fee Waiver Option: If you can’t afford the service fee, submit a Statement of Inability to Afford Payment of Court Costs to request that the fee be waived.
4. Defendant’s Response
   • Once served, the defendant has 14 days to file an answer (formal response) with the court. a. They must also send a copy of their answer to you.
5. What Happens After the Defendant Responds
   • If the defendant files an answer, the court will schedule one of the following: a. A trial b. A pre-trial hearing
6. Pretrial Hearing (If Scheduled)
   • At the pretrial hearing, you can: a. Let the court know if you need an interpreter b. Request the court to issue a subpoena to require a witness to appear and testify at your trial

If the Defendant Doesn’t Answer

What to Do If the Defendant Doesn’t Respond (Default Judgment Process) If the defendant doesn’t file an answer within 14 days of being served, you may take the following steps:

1. Request a Default Judgment Hearing
   • You can ask the court to schedule a default judgment hearing.
   • At this hearing, you will present your case and explain why you’re entitled to the money or property you’re requesting.
   • If the judge agrees, the court will issue a judgment in your favor without the defendant’s participation.
2. Provide the Defendant’s Last Known Address
   • When requesting a default judgment, you must give the court the defendant’s last known address in writing.
   • This ensures proper legal procedures are followed and helps the court validate your request.
3. Submit an Affidavit About Military Status
   • You must also file an affidavit (a sworn statement) with the court stating one of the following:
     • The defendant is on active duty in the U.S. military.
     • The defendant is not on active duty in the U.S. military.
     • You do not know whether the defendant is on active duty.
   • The affidavit should also explain:
     • How you know the defendant’s military status, or
     • Why you cannot determine their status.
4. Verify Military Status Online
   • To find out if the defendant is in active military service, use the Defense Manpower Data Center (DMDC) online tool: https://scra.dmdc.osd.mil

Discovery

Discovery is the process where both parties exchange information before trial. It allows each side to gather facts and evidence to help prepare their case.

1. Discovery Must Be Approved by the Judge
   • Discovery does not happen automatically.
   • You must ask the court for permission before the other side is required to answer questions or share information.
   • This ensures discovery is used fairly and appropriately.
2. How to Request Discovery
   • To begin discovery, file a motion for discovery with the court.
   • In your motion, explain what information you’re requesting and why it’s necessary for your case.
   • The judge will review your request and decide whether to allow it.
3. Reasonable and Necessary Discovery Only
   • The judge will approve only discovery requests that are specific, relevant, and important to the case.
   • Example of a reasonable request: Asking for specific emails about a job the defendant did for you.
   • Example of an unreasonable request: Asking for all emails the defendant has sent over the last three years.
4. If You Receive a Discovery Request
   • If the court approves a discovery request made by the other party, you must respond.
   • If you believe the request is unfair or irrelevant, you can file an objection with the court.
   • The judge will then hold a hearing to decide whether you must provide the information.
5. Important Reminder
   • Do not ignore a discovery request.
   • Failing to respond can lead to penalties, such as:
     • Being fined
     • Losing the right to present evidence
     • Having your case dismissed

How to Deliver Paperwork to the Defendant

You must send a copy of any paperwork (like motions, hearing requests, or appeals) to both the court and the defendant. Here are the acceptable methods of delivery:

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

Important:

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

Reach an Agreement

While trials often result in a winner and a loser, many people choose to settle their dispute before the trial. A settlement is a mutual agreement between both parties on how to resolve the case. Here's what happens if you settle:

1. Court Judgment Based on Settlement
   • If both you and the defendant reach a settlement, the court can enter a judgment that reflects the agreed terms — including how much money is to be paid to either side.
2. What the Court Cannot Do
   • Even if a settlement is entered as a judgment, the court cannot include specific requirements such as:
     • Payment plans
     • Deadlines for when payments must be made
3. Creating a Written Contract
   • If your agreement includes terms like a payment plan or a timeline for payments, you will need to:
     • Create a written contract
     • Have both parties sign it
   • This contract is separate from the court’s judgment and helps protect your rights if issues arise later.
4. If the Defendant Breaks the Agreement
   • If the defendant doesn’t follow the terms of the signed settlement agreement, you can:
     • File a new lawsuit for breach of contract This new case would be based on their failure to honor the written agreement.

Requesting a Jury Trial

In a small claims case, either the plaintiff or the defendant can choose to have the case decided by a jury instead of a judge. Here's how it works:

1. How to Request a Jury Trial
   • Submit a Written Request: You must submit a written request to the court stating that you want a jury trial.
   • Deadline: The request must be filed at least 14 days before the trial date.
   • Pay the Jury Fee: You must pay a $22 jury fee at the time you submit the request.
2. If No One Requests a Jury
   • If neither party asks for a jury trial by the deadline, the case will be decided by a judge alone.
   • This type of hearing is called a bench trial.
   • In short, a jury trial must be requested in writing, on time, and with the required fee. Otherwise, the case automatically defaults to a bench trial where only the judge decides the outcome.

Trial Notice and Requesting a Postponement

After you file your small claims case, the court will notify you of your trial date well 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 time to gather evidence, prepare witnesses, and get organized.
2. Requesting a Postponement (Continuance)
   • If you need more time or have a scheduling conflict, you may file a motion for a continuance.
   • This 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 chance 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 your case is a bench trial with a judge only), 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 (ask questions of) your witnesses.
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 this 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.
   • 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:
   • You must choose one of these three options to secure the appeal:
     • Appeal Bond: A $500 bond, backed by a third party (called a surety), that guarantees 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.
   • You must also:
     • 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

• If you want to try for a new trial in the same court: file a Motion for a New Trial within 14 days of the judgment. Include your $54 fee (or request a waiver), and notify the defendant within one day.
• If you want 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:

1. Post-Judgment Discovery
   • What It Is: A way to ask the defendant questions about their finances and assets (like 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:

Cameron County Courthouse

974 E. Harrison St.
Judicial Building Third Floor
Brownsville, Texas 78520
(956) 544-0844
https://www.cameroncountytx.gov/

BUILDING HOURS

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

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