Small Claims Court in Hays County

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

Small Claims Court

Small Claims Court is designed to provide an accessible, low-cost way for individuals to resolve minor financial disputes without needing to hire a lawyer. The process is streamlined, informal, and meant to be user-friendly—even for those who have never been in a courtroom.

What Kinds of Cases Are Handled?

Small Claims Court deals with civil cases where someone is seeking monetary compensation—up to $20,000. It does not handle cases that involve non-monetary claims, such as asking someone to return an item, perform a repair, or stop a certain action.

Important Limits:

Small Claims Court cannot:

• Order someone to return personal belongings
• Force someone to complete a repair or service
• Require someone to start or stop a particular activity

Example:

If a mechanic charged you for a repair they never performed, you can file for a refund of the money. However, you cannot ask the court to make them finish the repair—that would need to be handled in a different court.

Who Can File a Claim?

• Adults (18+): Can file a claim on their own without needing representation.
• Minors (under 18): Can file with assistance from:
  • A parent
  • A relative
  • A "next friend" (an adult who helps and accompanies them to court)

Additionally, associations, partnerships, and corporations can file claims.

Who Can’t File:

• Businesses that lend money and charge interest are generally not allowed to file in Small Claims Court.

Who’s Who in a Case?

Plaintiff: The person or business that is filing the lawsuit (the one making the claim). Defendant: The person or business being sued (the one responding to the claim).

What Can I File a Small Claims

Small Claims Court is a great option for everyday people to resolve financial disputes without the need for a lawyer. It provides a simple and affordable way to address situations where you're owed money or when something went wrong. Here are a few common types of cases that are often handled in small claims:

Breach of Contract

• What it means: Someone made a promise—either verbally or in writing—and didn’t follow through, leaving you with financial loss.
• Example: You hired a contractor to remodel your kitchen, but they abandoned the project halfway through. You can sue to recover the money you already paid or the extra cost of hiring someone else to finish the job.

Unpaid Debts

• What it means: You loaned someone money, but they haven’t paid you back despite your reminders.
• Example: You lent money to a friend, client, or even a former roommate, and now they’re ignoring your attempts to collect the debt. Small Claims Court can help you recover your money.

Property Damage or Personal Injury

• What it means: Someone damaged your property or caused you harm, and they refuse to take responsibility.
• Example: Someone backed into your parked car and won’t pay for the repairs. If they won’t cooperate, the court can help you seek compensation for the damage.

Wrongful Possession of Property

• What it means: Someone is holding on to something that belongs to you and refuses to return it, even after you’ve asked.
• Example: You lent a neighbor a power tool, and now they won’t give it back. If speaking with them hasn’t worked, you can ask the court to help you recover its value.

What Can’t I File a Small Claims

While Small Claims Court is great for resolving simple, money-related issues, there are certain cases it just can’t handle. If your situation falls into one of the categories below, you’ll likely need to go to a higher court instead:

1. Claims Over $20,000
   • What it means: If you're asking for more than $20,000 (not including court fees or interest), Small Claims Court isn’t the place. This includes a single large claim or several smaller ones that add up past the limit.
2. Personal Property Worth More Than $20,000
   • What it means: If you're trying to get back something valuable—like a car, high-end electronics, or equipment—that's worth more than $20,000, the court can’t hear your case. Even if you're not asking for cash, the value still matters.
3. Real Estate or Land Disputes
   • What it means: Any disagreement about who owns, rents, or has rights to land or buildings is too complex for Small Claims. These cases need to go to civil or district court.
4. Defamation, Libel, or Slander
   • What it means: If someone damaged your reputation by spreading false or harmful statements—either spoken (slander) or written (libel)—you’ll need a different court. These cases often involve bigger claims and more complicated legal arguments.
5. Cases That Involve Actions, Not Money
   • What it means: Small Claims Court can only award money—it can’t force someone to do something or stop doing something. That means it can’t:
   • Make someone finish a job
   • Order someone to return your property
   • Stop someone from harassing you
   • Require someone to take a specific action (like trimming a tree)

Small Claims Case Fees:

Filing a small claims case in Lubbock County involves certain fees, which can vary depending on the specifics of your case. Here's a breakdown of the typical costs:​

1. Filing Fee
   • Standard Filing Fee: The basic filing fee for a small claims case is $54.00. This fee covers the cost of initiating your case in the Justice of the Peace Court.​
2. Service Fees
   • Constable Service Fee: To serve the defendant with the lawsuit, the Lubbock County Constable charges a $80.00 fee for a Small Claims Citation. This fee ensures that the defendant is properly notified of the legal action. ​
3. Additional Costs
   • Certified Copies: If you require certified copies of court documents, there may be additional fees.
   • Appeals: If you decide to appeal the court's decision, there will be additional costs associated with filing the appeal.​Webb County

It's important to note that these fees are subject to change, and additional costs may apply depending on the specifics of your case.

Statute of Limitations

In Texas, it's important to file your case within the legal time limits, known as the "statute of limitations." If you miss the deadline, your case could be dismissed, even if you’re right. Here are some common filing deadlines you should be aware of:

Common Filing Deadlines in Texas:

1. Breach of Contract
   • Deadline: 4 years from the date the contract was broken.
   • Note: Some written contracts may have a shorter time limit, so make sure to review the terms of your agreement to verify.
2. Property Damage or Personal Injury
   • Deadline: 2 years from the date of the incident.
   • Applies to: Cases such as car accidents, physical injuries, or damaged property.

Not Sure If You’re Within the Time Limit?

If you’re unsure whether the statute of limitations has passed for your case, it’s a good idea to consult with a lawyer or contact a local legal aid organization for guidance. Legal professionals can help you determine if you still have time to file your case.

Final Note:

Once the statute of limitations expires, you lose the right to file your case, and there won’t be another chance. That’s why it’s crucial to act promptly and always check your timeline before filing.

Where Do I File

When filing a small claims case in Texas, it's essential to choose the correct Justice Court for your case. Here's what you need to know:

Can You File in Any Justice Court in Texas?

Technically, yes—but it's not recommended. If you file in the wrong court, the defendant can request the case be moved to the appropriate court, which could lead to:

• Additional costs: You may have to pay the filing fee again.
• Delays: Your case could be postponed, causing further delays.

How to Choose the Right Court (Venue)

To avoid these issues, it's best to file in the correct Justice Court from the start. Here's how to determine the right court for your case:

1. Where the Defendant Lives
   • File in the precinct and county where the person or business you're suing is located.
2. Where the Contract Was Supposed to Be Carried Out
   • If your case is about a breach of contract (e.g., unpaid services or goods), file in the location where the work was supposed to take place.
3. Where the Damage or Injury Occurred
   • For cases involving accidents, injuries, or property damage, file in the location where the incident occurred.
4. Where the Property is Located
   • If you're suing to recover a specific item, file in the place where the property is located.

Bottom Line:

• Filing in the correct court from the start saves you time, money, and hassle. It ensures that your case proceeds smoothly and avoids unnecessary complications.
• If you're unsure which court to file in, it's always a good idea to consult with the local Justice of the Peace Court or a legal professional to guide you.

How Do I File

Filing a small claims case is simpler than it may seem. Here’s a step-by-step guide to help you get started:

1. Fill Out a Petition The petition is the official form that begins your case. It should include:
   • The full name of the person or business you're suing (the defendant)
   • A brief explanation of why you're suing
   • The exact amount of money you're asking for
   • Your contact details

• Tip: Most Justice Courts offer blank petition forms either at the courthouse or online through their website.

• Important: If you're suing a doctor for medical malpractice, consult a lawyer first. These cases have special rules and strict deadlines.

2. Pay the Filing Fee

• The filing fee is usually around $54, but it can vary by county. Check your local Justice Court’s website or call the clerk to confirm the exact fee.

3. Serve the Defendant
   • Once your petition is filed, the court will prepare a citation—a legal notice that tells the defendant they’re being sued. This must be delivered officially, and you cannot deliver it yourself. You can have the documents served by:
     • A constable or sheriff
     • A court clerk
     • A private process server
     • Certified or registered mail (with return receipt and restricted delivery)
4. Pay the Service Fee
   • The service fee is the cost to have the documents delivered. The amount varies depending on:
     • Who is serving the documents
     • Where the defendant lives
   • For example, if the defendant is in another county, the fee might be higher. Tip: Ask your local Justice Court for the current service fee based on your case.
5. Get Reimbursed If You Win
   • If you win your case, the court may award:
     • The amount you sued for
     • Your filing fee
     • Your service fee
   • This means you could be reimbursed for more than just the original claim—you may also get back what you spent on filing and service fees.

By following these steps, you can confidently begin your small claims case and navigate the process smoothly.

Can’t Afford to File

If paying court fees is a financial burden, Texas courts offer an option to request a fee waiver, allowing you to proceed with your small claims case without paying the filing or service fees upfront. Here’s how to request a fee waiver:

1. Fill Out a “Statement of Inability to Afford Payment of Court Costs”
   • This form informs the court that you're unable to pay the required filing or service fees.
     • You can ask the court clerk for a copy of the form. They are required to provide it to you upon request.
     • Some courts also have the form available online for you to download.
2. Swear That the Information Is True
   • When you sign the form, you’re doing so under oath, which means you are legally asserting that the information is accurate and truthful.
   • **Important:**Lying on this form is illegal and can result in serious legal consequences. Always be honest and provide complete information.
3. Fill Out the Form Carefully
   • Make sure to complete every section of the form unless it doesn’t apply to your situation. The court will need details such as:
     • Your income (monthly or annual)
     • Your monthly expenses (including rent, utilities, food, etc.)
     • Any dependents you support (children, elderly family members, etc.)
     • Any public benefits you receive (such as SNAP, Medicaid, or SSI)

The more thorough and clear you are, the better the court will be able to assess your situation and make an informed decision.

Why This Matters

If the court approves your request, they can waive or reduce your court fees, which will allow you to proceed with your case without the financial burden of upfront costs. This makes the process more accessible for those who may not otherwise be able to afford it.

Do I Need a Lawyer?

Small Claims Court is designed to be accessible and easy to navigate, so many people handle their cases without a lawyer. However, if you prefer to have legal support, you are certainly allowed to hire an attorney.

Representing Yourself

If you choose to represent yourself, you can still get help with things like:

• Filling out paperwork– You can ask family, friends, or even legal aid for assistance with completing the necessary forms.
• Understanding the process – Asking for help in understanding the next steps is perfectly fine.
• Emotional support – Having someone there to offer encouragement or support can be beneficial during what can sometimes be a stressful process.

Important Note:

Only you can represent yourself in court. Family or friends may not speak on your behalf, present your case, or interact with the judge for you. They can be there to help guide you through the process but cannot act as your legal representative.

What the Court Staff Can and Can’t Do

• Court staff are there to assist with procedural questions, but they cannot give legal advice. Here’s a breakdown of what they can and can’t do:
  • What they can help with:
    • Where to file your case
    • How to access forms
    • Basic questions about court procedures
  • What they can’t help with:
    • Whether you're likely to win your case
    • Who exactly to sue
    • How to argue your case or collect money after a judgment

Access to the Rules

Although court staff can’t offer legal advice, they must provide access—free of charge—to the rules governing your case. For Small Claims cases in Texas, you’ll want to look at Rules 500 through 507 of the Texas Rules of Civil Procedure. These rules outline: - The steps you need to take - The expectations for both parties involved - How the court process will unfold

Being familiar with these rules can help you navigate the system more confidently and ensure that you're following the correct procedures.

After File a Small Claims

Once your small claims case is filed, a few key steps need to happen to keep the process moving forward. Some of these steps are your responsibility, while others involve the court or the defendant (the person you're suing). Here’s what to expect:

Keep Your Address Updated

• It’s crucial to keep your mailing address current with both the court and the defendant. This ensures that you won’t miss important updates, notices, or court dates. If your contact information changes at any point, let the court know immediately.

The Court Issues a Citation

• After filing your petition, the court will issue a citation. This is an official notice that informs the defendant that they are being sued and must respond by a certain deadline.

Serving the Citation

• Once the citation is issued, it and a copy of your petition must be served to the defendant. You have several options for service:
  • Constable or Sheriff: You can pay a fee to have law enforcement serve the documents.
  • Private Process Server: You can hire a certified process server to deliver the documents.
  • Fee Waiver: If you can’t afford the service fee, you can request a fee waiver by filling out a "Statement of Inability to Afford Payment of Court Costs."

Defendant’s Response

• After being served, the defendant has 14 days to file a response with the court. They must also send a copy of their response to you.

What Happens Next?

• If the defendant responds: The court will schedule either a trial or a pretrial hearing.
• If a Pretrial Hearing is Scheduled:
  • This is a short meeting before the actual trial, where the judge may attempt to simplify the case or encourage both parties to settle. Here’s what you can do before the hearing:
    • Request an interpreter: If you need help with language barriers, you can ask for an interpreter.
    • Request subpoenas: If you want witnesses to appear at the trial, you’ll need to request subpoenas to compel them to testify.

What to Do If the Defendant Doesn’t Respond

If the person or business you’re suing doesn't respond within 14 days of being served, you might be able to win your case by default. Here’s what you need to do:

Step 1: Request a Default Judgment Hearing

• You’ll need to ask the court to schedule a hearing where you can explain your case. At the hearing, you’ll present:
  • A simple explanation of why you're owed money or property.
  • Any proof or documentation you have to support your claim.
• If the judge agrees with your case, they can issue a judgment in your favor—even if the defendant never shows up.

Step 2: Provide the Defendant’s Last Known Address

• When requesting a default judgment, you must give the court the defendant’s last known mailing address in writing. This ensures the court can confirm that all proper legal steps were followed before proceeding with the judgment.

Step 3: Submit an Affidavit About Military Status

• By law, the court must know whether the defendant is on active duty in the U.S. military, as special protections apply to service members. You need to file a sworn statement (called an affidavit) explaining one of the following:
  • The defendant is on active duty.
  • The defendant is not on active duty.
  • You don’t know and can’t find out their military status.
• In your affidavit, make sure to explain:
  • How you know the defendant’s military status (if applicable), or
  • Why are you unable to confirm it?

Need Help Verifying Military Status?

• You can check the defendant’s military status online for free using the Defense Manpower Data Center (DMDC): https://scra.dmdc.osd.mil
• You’ll need the defendant's full name and possibly their date of birth or Social Security number to search.
• Taking these steps ensures that the court can issue a default judgment correctly while adhering to legal requirements, especially regarding military service.

Discovery

Discovery is a process where both parties in a case exchange relevant information and documents before trial. It ensures that everyone is prepared and the case is handled fairly. However, in small claims court, discovery doesn’t happen automatically—you must ask the judge for permission to begin the process.

How to Start the Discovery Process

• If you want to request discovery, follow these steps:
  1. File a Motion for Discovery with the court.
  2. In your motion, explain:
     • What specific information or documents you're asking for.
     • Why this information is important for your case.
• The judge will review your request to determine whether it is fair, reasonable, and necessary.

What the Judge Will Allow

• Judges in small claims court will only approve discovery requests that are:
  • Clear and specific: Requests must be focused and detailed.
  • Directly related to your case: The information you seek should have a connection to the issue at hand.
  • Reasonably necessary: The request should help you prepare your argument.
• Example of a reasonable request:
  • Asking for emails related to a specific contract dispute.
• Example of an unreasonable request:
  • Asking for every email the other party has sent in the past three years, with no clear connection to your case.

If You’re on the Receiving End

• If the court approves a discovery request against you, you must respond. If you think the request is too broad or irrelevant, you can file an objection and ask the judge to review it. The court may schedule a hearing to decide whether or not you have to provide the information.

Why Discovery Matters

• Ignoring a valid discovery request can have serious consequences, including:
  • Court fines.
  • Losing the right to present certain evidence.
  • Even having your case thrown out.
• It’s essential to take discovery seriously—whether you’re making a request or responding to one—because it can significantly impact the outcome of your case.

How to Deliver Paperwork to the Defendant

Whenever you file paperwork in your case—whether it’s a motion, evidence, or any other legal documents—it’s essential to ensure that both the court and the defendant receive copies. There are several acceptable methods for delivering documents, as long as you can prove the defendant got them.

Approved Delivery Methods

1. In Person

• You can personally hand the documents directly to the defendant.

2. Certified or Registered Mail
   • Mail the paperwork using certified or registered mail. This provides proof of delivery and gives you a record of when the documents were received.
3. Delivery Services (FedEx, UPS, etc.)
   • You can use a tracked delivery service like FedEx or UPS. These services provide delivery confirmation, which counts as proof.
4. Fax
   • If the defendant has a fax number, you can send the documents by fax. Be sure to keep a copy of the fax confirmation as proof.
5. Email
   • You may email the documents only if:
     • The defendant has given you their email address.
     • The defendant has agreed in writing to receive legal documents by email.

Important: Always Provide Proof of Delivery

• Whenever you submit documents to the court, you must include proof that a copy was sent to the defendant. The proof should clearly indicate:
  • How the documents were delivered (e.g., in person, by mail, etc.).
  • When they were delivered (e.g., the date).
  • Who received them (e.g., the defendant’s name).
• This ensures that the court knows the defendant was properly informed about the case. Without proof of delivery, the court may not accept your documents, delaying your case.

Reach an Agreement

• Sometimes both sides may decide that settling the case is a better option than going through a full trial. Reaching a settlement can save time, money, and stress, and the court can still make it official.

Court Judgment Based on Your Settlement

• If you and the defendant reach an agreement, the court can enter a judgment that reflects your terms—such as how much one party will pay the other. This judgment gives your settlement legal weight, meaning it’s enforceable in court. However, there are certain things the court can’t do:
  • The court’s judgment can state how much is owed, but it cannot enforce specific details like:
    • Payment plans
    • Specific deadlines for payments
    • Installment schedules
• If your settlement includes these specifics, you’ll need to take one more step.

Put the Settlement in Writing

• To protect yourself, it’s crucial to create a written contract that clearly outlines all the terms of your settlement, especially if it involves:
  • A payment schedule
  • Deadlines
  • Any conditions that both sides must meet
• Both parties should sign the written contract, and each should keep a copy. This written agreement is separate from the court’s judgment, but it provides additional legal protection.

What If the Defendant Doesn’t Follow Through?

• If the defendant doesn’t honor the terms of your settlement—like missing a payment—you have the right to:
  • File a new lawsuit for breach of contract
  • Use the signed settlement agreement as evidence to prove they didn’t follow through with the terms
• Having everything in writing ensures that both sides understand their responsibilities, and it gives you legal recourse if the defendant fails to comply.

Requesting a Jury Trial

In a small claims case, either side—the plaintiff (person suing) or the defendant (person being sued)—can request a jury to decide the outcome instead of having the case decided by a judge.

How to Request a Jury Trial

If you want a jury trial, you must:

1. Submit a written request to the court:
   • Simply notify the court in writing that you would prefer a jury to decide the case.
2. File your request at least 14 days before the trial date:
   • If you miss this deadline, the case will automatically be decided by a judge.
3. Pay the $22 jury fee:
   • This fee is due at the time you submit your request for a jury trial.

If No One Requests a Jury

• If neither party files a request for a jury trial on time, the case will proceed as a bench trial, where the judge alone will hear the evidence and make the decision.
• In summary, to have a jury trial, you must request it on time and pay the required fee. If you don't, the judge will decide the case.

Trial Notice and Requesting a Postponement

• Once your trial is scheduled, the court will send you a trial notice at least 45 days in advance. This gives you time to:
  • Organize your evidence: Gather any documents, receipts, contracts, or other proof that supports your case.
  • Prepare your witnesses: Make sure any people you want to testify are available and ready to speak.
  • Get fully ready for the hearing: Organize your thoughts and any statements you need to make.

Need More Time? You Can Ask for a Postponement

If something comes up and you can’t make the trial date, you can request a continuance (a postponement). Here's how:

1. Submit a written request to the court:
   • Explain why you need to reschedule the trial date.
2. Include supporting documents:
   • For example, if you’re unable to attend due to illness, you might include a doctor's note. If you have travel plans, provide the necessary proof.

Important Reminder

• Don’t skip your trial! If you miss it without an approved continuance, your case could be dismissed, and you may lose your right to pursue your claim. Always make sure the court knows if you need more time and do so as early as possible.

Trial

Whether your case is decided by a jury or just a judge (bench trial), understanding the process can help you feel more confident. Here’s what typically happens:

1. Jury Selection (If Applicable)
   • If you or the defendant requested a jury trial, the day will begin with jury selection, known as voir dire.
     • What happens: Both sides will ask potential jurors questions to make sure they can be fair and unbiased.
     • Goal: Ensure the selected jury is impartial and able to listen to the case objectively.
2. Opening Statements
   • Once the jury is selected (or if it’s just a judge), both sides give opening statements.
     • Your opportunity: Briefly explain what your case is about, give a preview of the evidence you’ll present, and introduce your witnesses.
     • Tip: Keep your opening statement short, clear, and focused—you’ll have more time to explain the details later.
3. Presenting Your Case
   • This is your time to present your side of the story.
     • Steps:
       • Call your witnesses and ask them questions to support your case.
       • Present evidence, such as documents or photos.
   • Cross-examination: After each witness testifies, the defendant has the right to cross-examine them—this means asking them questions to challenge their testimony.
4. Your Testimony and Evidence
   • You can testify on your own behalf as well. Be sure to bring all relevant evidence:
     • Contracts, receipts, or invoices
     • Photos, videos, or other physical evidence
     • Emails, texts, or written communications
     • Tip: Stay organized. You’ll want to quickly access any evidence when the judge or jury asks for it.
5. The Defendant Presents Their Case
   • Once you've finished presenting your case, the defendant will have their chance to present their side:
     • They will call their witnesses and introduce their evidence.
     • You’ll also have the opportunity to cross-examine their witnesses.
     • Tip: Stay calm, professional, and respectful, even if you disagree strongly with what they’re saying.
6. Closing Arguments
   • After both sides have presented their evidence, each side will give a closing argument.
     • Purpose: Summarize your main points, highlight your strongest evidence, and clearly explain why the court should rule in your favor.
7. The Decision
   • Jury trial: The jury will deliberate privately and then return with a verdict.
   • Bench trial: The judge will make the decision.
   • The decision is usually announced in court, and you’ll receive a written judgment.

Trial Day Tips:

• Bring everything: Ensure you have all of your evidence and witnesses with you.
• Speak clearly and stick to the facts.
• Stay honest and well-prepared—it makes a big difference in the outcome.

What to Do If the Judgment Is Not in Your Favor

If you believe something went wrong during your small claims case or if the outcome seems unfair, you have a couple of options for seeking a different result. Here’s a breakdown of your options:

Option 1: Ask for a New Trial (Motion for a New Trial)

• A Motion for a New Trial is when you ask the same court to hold another trial. You might file this if you believe a legal error or a procedural mistake affected the outcome of your case.
• Important Details:
  • Deadline: You must file the motion within 14 days after the judgment.
  • How to File:
    • Write a motion explaining what went wrong.
    • Submit it to the court and send a copy to the defendant within one day of filing.
  • Fee: The filing fee is $54.
    • Fee Waiver: If you can’t afford the fee, you can submit a Statement of Inability to Afford Payment of Court Costs to request a fee waiver.

Option 2: Appeal to a Higher Court

• If you want the case to be heard again from the beginning, you can file an appeal. An appeal sends your case to a county court for a brand-new trial (called a de novo trial).
• Important Details:
  • Deadline: You must file the appeal within 21 days of the judgment.
    • If you filed a motion for a new trial and it was denied, the 21-day period starts from the date of that denial.
  • Effect: The judgment from small claims court is set aside, and the case starts fresh in county court.
  • How to File an Appeal:
    • You will need to:
      • Post a $500 appeal bond (backed by a third party, called a surety), or
      • Make a $500 cash deposit with the court, or
      • Submit a Statement of Inability to Afford Payment of Court Costs if you can’t afford the bond or deposit.
  • Additionally, you’ll need to pay a $54 filing fee to the county court (unless you’ve already submitted the fee waiver form).
  • Notification Requirement: After filing the appeal, you must notify the defendant within 7 days that you are appealing the decision.

Summary:

• Motion for a New Trial: File within 14 days to request another trial in the same court if there was a mistake or error.
• Appeal: File within 21 days to move the case to county court for a new trial, with additional fees and requirements.

Win a Small Claim Case

Winning your small claims case is just the first step—getting the defendant to pay what they owe can sometimes be a different challenge. If the defendant doesn’t file a motion for a new trial or an appeal, here are the main methods you can use to enforce the judgment and collect your money:

1. Post-Judgment Discovery
   • What It Is: This method allows you to ask the defendant about their financial situation, such as their income, bank accounts, and property, to determine if they have assets that could be used to pay the judgment.
   • Response Time: The defendant must respond within at least 30 days of your request.
   • Approval Needed: You don’t need permission from the judge to begin post-judgment discovery. You can request this information directly from the defendant.
2. Abstract of Judgment
   • What It Is: An Abstract of Judgment is a legal document that you can file with the county clerk in the county where the defendant owns real property.
   • Effect: Filing the abstract creates a lien on the defendant’s real estate. If the defendant tries to sell the property, they will have to pay off the lien before completing the sale. This ensures you get paid from the sale proceeds if the defendant sells their property.
   • How to File: Submit the abstract to the county clerk in the county where the defendant owns property.
3. Writ of Execution
   • What It Is: A Writ of Execution is a court order that authorizes a constable or sheriff to seize and sell the defendant’s personal property (such as valuable items) to satisfy the judgment.
   • Limitations: Not all property can be seized. Some items are exempt from seizure, such as basic household items or tools needed for work.
   • How to Request: You must file an application for a writ of execution with the court at least 30 days after the judgment has been entered.
4. Writ of Garnishment
   • What It Is: A Writ of Garnishment allows you to seize money or property that a third party (like a bank) holds on behalf of the defendant. This is often used to take money directly from the defendant’s bank account.
   • How to Request:
     1. File an application with the court that issued the judgment.
     2. File an affidavit explaining why you're entitled to garnishment.
   • Important Consideration: If the third party (e.g., a bank) does not have any of the defendant’s assets, you may be responsible for their legal fees. Only pursue garnishment if you're confident the defendant has assets that can be seized.

Final Thoughts:

• Post-Judgment Discovery: Helps you determine where the defendant's assets are located so you can pursue collection efforts more strategically.
• Abstract of Judgment: This tool allows you to place a lien on the defendant’s real estate, which may help you recover your money if they sell property.
• Writ of Execution and Garnishment: These methods are often effective, but they involve additional legal steps and may come with extra costs, so plan accordingly.

Be Strategic:

Enforcing a judgment can take time and effort, but with these legal tools at your disposal, you have clear options to help you collect the money or property you’ve been awarded. Be prepared to pursue these steps carefully and consistently, as recovery may require persistence.

Courthouse Locations:

Hays County Government Center

712 S. Stagecoach Trail, Ste. 3240
San Marcos, Texas 78666
(512) 393.7700
https://www.hayscountytx.gov/

BUILDING HOURS

• Monday – Friday 8:00 AM-5:00 PM, except court holidays

CITIES SERVED

• San Marcos
• Kyle
• Buda
• Dripping Springs
• Belterra
• Shady Hollow
• Wimberley
• San Leanna
• Bear Creek
• Driftwood

Let Squabble Help You With Your Claim at Hays County

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