Small Claims Court in Dallas County

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

Small Claims Court

Small Claims Court is a place where people can resolve minor money disputes quickly and without all the formalities of a regular courtroom. These courts are designed to be simple enough that you don’t need a lawyer to use them. That’s why the rules are more relaxed and straightforward.

Small Claims Court handles civil cases where someone is asking for money only, up to a limit of $20,000. The court can’t make someone return property, fix something, or stop doing something — it’s only about financial compensation. For example, if a mechanic charged you for repairs that weren’t done, you could ask the court to get your money back. But you couldn’t ask the court to make the mechanic actually do the repairs — that would be handled in a different type of court.

Who Can File a Claim

• Any person 18 years or older.
• A minor (under 18) can file a claim with the help of:
  • A parent
  • A relative
  • Or a “next friend” (someone over 18 who helps with the case and attends the trial)

Legal Entities That Can File

• Associations
• Partnerships
• Corporations

Who Cannot File a Claim:

• Businesses that lend money for interest
• Collection agencies

The person filing the claim is called the plaintiff and the person or business being sued defendant.

What Can I File a Small Claims

You can file a small claims case if your situation falls within the court’s jurisdiction — meaning it’s the kind of case the court is allowed to hear. Most small claims cases involve money-related disputes. Here are four common reasons people file small claims cases:

• Breach of Contract
  • The defendant made a promise (like a business or service agreement) and didn’t follow through, which caused you to lose money.
• Unpaid Debt
  • The defendant owes you money and refuses to pay.
• Property Damage or Personal Injury
  • The defendant’s actions caused damage to your belongings or caused you physical harm.
• Wrongful Possession of Property
  • The defendant has personal property that belongs to you and won’t return it.

What Can’t I File a Small Claims

There are certain types of cases that the Small Claims Court is not allowed to handle. You cannot file a small claims case if:

• You’re asking for more than $20,000
  • If the amount of money you're trying to recover exceeds $20,000, your case is not eligible for Small Claims Court.
• You're trying to recover personal property worth more than $20,000
  • If you want to get back an item valued over $20,000, the judge may need to hold a hearing to determine the item's value.
• You're trying to recover or obtain title to real property (land)
  • Disputes involving ownership or possession of real estate must be handled in a different court.
• You're suing for defamation, libel, or slander
  • These are legal claims involving harmful statements made about you and must be filed in a higher court.
• You want the court to order someone to do or stop doing something
  • Small Claims Court cannot issue orders to:
    • Require someone to complete a service or job
    • Force someone to remove social media posts
    • Order someone to take action, like cutting down a tree

File a Small Claims Case

You need to file your case against the person or business that is legally responsible for your loss — whether that’s lost money or personal property they won’t return.

• If You’re Suing a Business:
  • For non-corporate businesses (like sole proprietorships or partnerships):
    • Contact the County Clerk to find out who the owners or partners are. You need to name the right individuals in your claim.
  • For corporations:
    • You’ll need the name of the registered agent, president, or vice-president of the company.

How to Find Out the Legal Structure of a Business:

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

Filing Fees

• Debt Claims: $134.00
• Debt Claims (Filing Fee Only): $54.00
• Evictions: $134.00
• Repair & Remedy: $134.00
• Small Claims: $134.00
• Small Claims (Filing Fee Only): $54.00
• Abstract of Judgment: $5.00
• Appeal Filing Fee: $64.00
• CITATION SERVICE FEE (within Dallas County only): $80.00
• Copies of Documents:
  • $1.00 for the first page
  • $0.25 for each additional page

Certified/Exemplified Copies

• Copies:
  • $5.00 for the first page
  • $1.00 for each additional page

Jury Demand

• Jury Demand: $22.00

Other Filing Fees

• Illegal Tow: $54.00
• Issuance for Citation Served Out of Dallas County: $5.00
• Motion to Reinstate: $54.00
• New Case Filing Fee (includes cross-action, 3rd-party petition, counter claim, out of county, and/or private process service): $54.00
• Occupational Driver’s License: $54.00
• Subpoena Service (must be delivered to the witness and the witness fee tendered):
  • $80.00
  • Witness Fee: $10.00 (Cash)

Writs (Court Orders)

• Writ of Execution: $155.00
• Writ of Garnishment: $274.00
• Writ of Possession: $175.00
• Writ of Re-entry (Filing Fee Only): $54.00
• Writ of Restoration: $204.00
• Writ of Retrieval: $204.00
• Writ of Sequestration: $289.00
• Writ of Turnover: $199.00

Additional Fees for Small Claims and Evictions

• Additional Defendant: $80.00 per additional defendant

Important Notes:

Please contact the court to determine the exact amount due before mailing your payment.

When Can I File a Small Claims Case?

You must file your case within a specific time limit after the issue happens. This deadline is called the statute of limitations. If you wait too long, the court will dismiss your case — even if you’re right.

• Common Time Limits:
  • Breach of Contract: You usually have 4 years from the date the contract was broken, unless the contract itself sets a different time limit.
• Most Other Cases (like property damage or personal injury):
  • You typically have 2 years from the date of the incident.

Important Note:

• If you're not sure whether the time limit has passed, it’s a good idea to consult an attorney before filing.
• Filing after the statute of limitations has expired will almost always result in your case being dismissed.

Where Do I File

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

Can I File in Any Justice Court in Texas?

Technically, yes — but if you file in the wrong location, the defendant can ask the court to transfer the case to the correct venue. If that happens, you may have to pay filing fees again, so it’s best to file in the right place from the beginning.

How Do I Know the Right Venue?

Generally, you should file the case in one of the following locations:

• Where the defendant lives
  • (Precinct and county of the defendant’s residence)
• Where the contract was supposed to be performed
  • (If it’s a breach of contract case)
• Where the damage or injury occurred
  • (If your case involves property damage or personal injury)
• Where the personal property is located
  • (If you’re suing to recover specific property)

How Do I File

Filing a small claims case involves a few key steps. Here's what you need to know:

1. Fill Out a Petition
   • The petition is a form that includes:
     • Who you’re suing (the defendant)
     • Why you’re suing them
     • How much money you’re asking for
     • Your contact information
   • Most courts have petition forms available for you to fill out.
   • Important: If you're suing a doctor for medical malpractice, speak with an attorney first — special rules apply in those cases.
2. Pay the Filing Fee
   • The filing fee is usually $54 (check with your local court to confirm, as fees can vary slightly).
3. Serve the Defendant
   • After filing your petition, the court will issue a citation, which is an official notice telling the defendant they’ve been sued.
   • The petition and citation must be delivered (served) to the defendant in one of the following ways:
     • In person by a constable, sheriff, clerk, or a private process server
     • By certified or registered mail (with return receipt requested and restricted delivery)
   • You cannot serve the paperwork yourself.
4. Pay the Service Fee
   • There is an additional service fee to have the papers delivered, which varies by county.
   • Check with the court for the exact amount and options in your area.
5. Recovering Your Costs
   • If you win your case, the court may order the defendant to reimburse you for the filing and service fees, along with any other money you're owed.

Can’t Afford to File

If you’re unable to pay the filing fees or service fees, the court cannot deny you access to justice. Here’s what you can do:

1. Fill Out a Statement of Inability to Afford Payment of Court Costs
   • If you can’t afford the fees, you’ll need to complete a Statement of Inability to Afford Payment of Court Costs form.
   • The court is required to provide this form to you.
2. Swear to the Information You Provide
   • You must swear that the information you provide on the form is true and accurate.
   • Legal consequences may follow if you provide false information.
3. Be Honest and Complete
   • Make sure to fill out the form completely and truthfully to avoid any issues. Important: Filling out this form may allow you to have your fees waived or reduced, helping you access the court system without financial burden.

Do I Need a Lawyer?

You do not need a lawyer to file a small claims case, but you can have one if you choose. The process is designed to be simple enough for people to represent themselves.

• If You Don’t Have a Lawyer:
  • The court may allow a family member or someone else you trust to help you with the case.
  • They cannot speak for you in court, but they can offer advice and help you understand the process.
• The court cannot give you legal advice, such as:
  • Whether you will win your case
  • Who you should file a case against
  • What steps you need to take to win or collect your judgment

Rules of Civil Procedure:

• The court must make the Rules of Civil Procedure available to you for free.
  • Rules 500-507 apply specifically to small claims cases.

After I File a Small Claims

After you file your case, there are several important steps to follow:

1. Keep Your Address Updated
   • It’s crucial to keep your address current with the court and the other party. This ensures that you receive any papers or notices sent to you.
2. The Court Issues a Citation
   • The court will create a citation, which is an official notice telling the defendant that they are being sued.
3. Serving the Citation
   • The citation must be served (delivered) to the defendant.
   • You have a few options:
     • Pay the service fee to have the constable or sheriff serve the citation (or submit a Statement of Inability if you can’t afford the fee).
     • Hire a private process server to deliver the citation.
4. Defendant’s Response
   • Once the defendant is served, they have 14 days to file a response (answer) to your lawsuit.
   • The defendant is required to send you a copy of their answer.
5. Next Steps After the Defendant Responds
   • If the defendant files an answer, the court will schedule:
     • A trial or
     • A pre-trial hearing
6. What Happens at a Pretrial Hearing?
   • At the pre-trial hearing, you can address any issues, such as:
     • Whether you need an interpreter
   • Requesting the court to subpoena a witness (ordering them to attend and testify at the trial)

If the Defendant Doesn’t Answer

If the defendant does not file an answer within the 14-day period, you have a few steps you can take:

1. Request a Default Judgment Hearing
   • If the defendant doesn’t respond, you can ask the court for a default judgment hearing.
     • At this hearing, you’ll have the opportunity to prove that you are entitled to the money or property you’re asking for, and the court may award you a judgment.
2. Provide the Defendant’s Last Known Address
   • To request a default judgment, you’ll need to provide the defendant’s last known address to the court in writing.
3. Submit an Affidavit
   • You will also need to submit an affidavit (a sworn document) 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 if the defendant is on active duty.
   • This affidavit must also include:
     • How you know the defendant’s military status or why you cannot determine it.
4. Verify Military Service
   • You can verify whether the defendant is on active duty in the military by visiting: SCra.dmdc.osd.mil.

Discovery

Discovery is the process of exchanging information between the parties involved in a lawsuit before the case goes to trial. It helps both sides gather the facts they need to prepare for the trial.

Important Points About Discovery:

• Discovery Must Be Approved by the Judge
  • Before the other party has to provide any information or answer any questions, the judge must approve the discovery.
• How to Request Discovery
  • If you want the defendant to answer specific questions or provide information, you need to submit a request for discovery to the court.
  • This request is called a motion for discovery.
• Reasonable and Necessary Discovery
  • The judge will only approve discovery requests that are reasonable and necessary for the case.
  • Example of a reasonable request: Asking for emails the defendant sent to a subcontractor about work done on your property.
  • Example of an unreasonable request: Asking for all emails the defendant sent over the last three years.
• What Happens if You Get a Discovery Request
  • If the judge approves a discovery request, you must respond with the requested information.
  • If you disagree with the request, you can file an objection with the court. The court will hold a hearing to decide whether you must provide the requested information.

Important Reminder:

• Do not ignore a discovery request. Failing to respond could result in penalties from the judge, including the possibility of having your case dismissed.

Send Paperwork to the Defendant

When you need to send paperwork like motions, requests for a hearing, or appeals, you must send a copy to both the court and the defendant. You can deliver the paperwork to the defendant in the following ways:

1. In person – Deliver it directly to the defendant.
2. Certified or registered mail – Mail it through a service that provides proof of delivery.
3. Delivery service (FedEx, UPS, etc.) – Use a reliable delivery service with tracking.
4. Fax – Send the documents via fax to the defendant’s fax number.
5. Email – If the defendant provided their email address and agreed to receive documents by email in writing, you can email the paperwork to them.

Important:

• When you submit the paperwork to the court, you must include a proof of delivery, which shows how and when the paperwork was delivered to the defendant.

Reach an Agreement

If your case goes to trial, there will usually be a "winner" and a "loser," which can leave one party unhappy. To avoid this, many people settle their disputes by coming to an agreement on how to resolve the case. Here’s what happens if you reach a settlement:

1. Court Judgment Based on Settlement
   • If you and the defendant agree on a settlement, the court can enter a judgment that reflects how much money is awarded to you or the other party.
2. What the Court Cannot Do
   • The court cannot include specific orders in the judgment, such as:
     • Payment plans
     • Deadlines for payments
3. Creating a Written Contract
   • If you want specific terms (like a payment plan or deadline) included in your settlement, you’ll need to create a written contract that both you and the defendant sign.
4. What Happens If the Defendant Breaks the Agreement?
   • If the defendant doesn’t follow the terms of the written settlement agreement, you can file a new lawsuit for breach of contract.

Jury Trial

Either party in a small claims case can request a jury trial.

1. How to Request a Jury Trial
   • You must submit your request in writing to the court.
   • The request must be made at least 14 days before the trial date.
   • You must also pay a jury fee of $22.
2. What Happens if No One Requests a Jury
   • If neither party requests a jury, the case will be heard by a judge only, which is called a bench trial.

Need More Time for Trial

Trial Notice: The court will send you a trial notice at least 45 days before your trial date.

1. Requesting a Postponement (Continuance)
   • If you need more time or have a conflict with the trial date, you can file a motion (request) for a postponement.
   • You must explain, in writing, why you need the postponement.
2. Important Reminder
   • Do not skip the trial or decide not to show up.
     • Not attending the trial without an approved postponement will likely result in your case being dismissed.

Trial

Be sure to bring all your witnesses and documents to the trial with you! Here’s what you can expect during the trial:

1. Jury Selection (If It’s a Jury Trial)
   • If the trial is a jury trial, the first step is jury selection, also known as voir dire. This is where both parties select the jury members.
2. Opening Statements
   • After jury selection, you’ll have the chance to give an opening statement, where you explain to the judge and jury what your case is about.
3. Presenting Your Case
   • You will call your witnesses to testify.
     • You’ll ask them questions so they can share their side of the story with the judge or jury.
     • The defendant will also have the chance to ask your witnesses questions.
4. Your Testimony and Evidence
   • You can testify yourself and present any evidence you have (documents, contracts, receipts, etc.).
5. The Defendant’s Turn
   • The defendant will then present their evidence and call their witnesses.
   • You will have the chance to cross-examine their witnesses—asking questions that relate to the facts of the case. Be sure to remain calm, polite, and respectful, even if you disagree with their testimony.
6. Closing Arguments
   • After all evidence and testimony have been presented, both sides can make a closing argument. This is where you summarize why you believe you should win the case.
7. Decision
   • After closing arguments, the jury will make the decision if it’s a jury trial, or the judge will make the decision if there is no jury.
   • The decision will be announced in open court, and a written judgment will be made available.

Lose My Small Claims Case

If the judgment is in favor of the defendant, you have a few options for challenging the decision:

1. Motion for New Trial
   • You can file a motion for a new trial within 14 days of the judgment if you believe justice wasn’t done in the original case.
     • You’ll need to show that something went wrong in the trial.
     • The filing fee for a motion for a new trial is $54, or you can file a Statement of Inability to Afford Payment of Court Costs.
     • You must also send a copy of the motion to the defendant within one day of filing it.
2. Filing an Appeal
   • Appeal: This is a request for the county court to hear your case again from the beginning (a new trial).
     • You can file an appeal within 21 days of the judgment.
     • If you filed a motion for a new trial and it was denied, you can appeal within 21 days of that denial.
     • If you file an appeal, the county court will re-hear your case de novo (from scratch), and the judgment from the justice court will be set aside.
3. Requirements for Filing an Appeal
   • To appeal, you need to file one of the following:
     • Appeal Bond: A promise from a third party (called a surety) to pay the bond amount ($500) if you don't follow through with the appeal.
     • Cash Deposit: A $500 deposit that may be awarded to the defendant if you don't pursue the appeal.
     • Statement of Inability to Afford Payment of Court Costs: If you cannot afford an appeal bond or cash deposit.
   • Additionally, you will need to:
     • Pay a filing fee of $54 or file the Statement of Inability to Afford Payment of Court Costs.
     • Send a notice of the appeal to the defendant within seven days of filing.
4. County Court Filing Fee
   • After filing your appeal with the county court, you will need to pay a separate filing fee for the county court or file the Statement of Inability to Afford Payment of Court Costs.

Win My Small Claims Case

If the judgment is in your favor, you likely won’t immediately receive the full amount of the judgment. The defendant may choose to file a motion for a new trial or an appeal. If they don’t, it’s your responsibility (not the court's) to pursue enforcement of the judgment. Below are some options to help you enforce the judgment:

1. Post-Judgment Discovery
   • You can send the defendant questions about their assets, asking what property or money they have that could be used to satisfy the judgment.
   • The defendant must respond to these questions within at least 30 days.
   • You do not need the judge's approval for post-judgment discovery.
2. Abstract of Judgment
   • If the defendant owns real property (land), you can file an abstract of judgment with the county clerk in the county where the property is located.
   • This will put a lien on the property, meaning if the defendant sells the property, you may receive a portion of the sale proceeds to satisfy the judgment.
3. Writ of Execution
   • A writ of execution is an order for a constable to seize the defendant’s personal property and sell it to pay the judgment.
   • Important: Some personal property is exempt from being seized, so the constable cannot take and sell everything.
   • To get a writ of execution, you must file an application with the court that issued the judgment, at least 30 days after the judgment.
4. Writ of Garnishment
   • A writ of garnishment is used when someone (a person or company) holds money or property belonging to the defendant, and the court orders them to give that money or property to you.
   • This is typically used to take money from the defendant’s bank account.
   • To get a writ of garnishment, you must file an application with the court that issued the judgment, along with an affidavit (sworn statement) explaining why you are entitled to the garnishment.
   • Important: If the person or company you’re seeking the garnishment from has no money or property of the defendant, you might be responsible for paying attorney fees related to their response. Be sure a writ of garnishment is the best choice before pursuing it.

Courthouse Locations:

South Dallas Government Center

8301 S. Polk Street, Suite 2100
Dallas, TX 75232
(972) 228-0280
https://www.dallascounty.org/government/jpcourts/1-1/smallclaims.php

BUILDING HOURS

• Monday – Friday 8:00 a.m. – 4:00 p.m., except court holidays

CITIES SERVED

• Dallas
• Irving
• Garland
• Grand Prairie
• Mesquite
• Carrollton
• Richardson
• Rowlett
• DeSoto
• Cedar Hill
• Coppell
• Lancaster
• Duncanville
• Farmers Branch
• Sachse
• Balch Springs
• University Park
• Glenn Heights
• Seagoville
• Addison
• Sunnyvale
• Highland Park
• Wilmer
• Hutchins
• Ovilla
• Cockrell Hill
• Combine
• Bear Creek Ranch
• Oak Leaf
• Pecan Hill
• Mesquite

Let Squabble Help You With Your Claim at Dallas County

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