Small Claims Court in Hidalgo County

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

Small Claims Court

Small Claims Court is a simpler, faster way to resolve minor money disputes—without all the formality of a traditional courtroom. It’s designed so that people can file and present their own cases, often without needing a lawyer. The rules are relaxed and straightforward to make the process more accessible.

Small Claims Court handles civil cases asking for money only, up to a maximum of $20,000. These courts cannot order someone to:

• Return property
• Repair or replace anything
• Start or stop doing something

For example, if a mechanic charged you for repairs that were never completed, you can ask the court to award you the money back. But you can’t use Small Claims Court to make the mechanic actually do the repairs. That would require a different type of court.

Who Can File a Claim?

• Anyone 18 or older can file a claim.
• A minor (under 18) can also file a claim, but they must be assisted by one of the following:
  • 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

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 type of case the court is legally allowed to handle. Most small claims cases involve money-related disputes.

Common Reasons to File a Small Claims Case:

• Breach of Contract
  • The defendant made a promise (such as through a business deal or service agreement) and didn’t follow through, causing 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 property 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

The Small Claims Court has limits on the types of cases it can hear. You cannot file a small claims case if your situation involves any of the following:

• You're asking for more than $20,000
  • If the amount you’re trying to recover exeeds $20,000, your case must be filed in a different court.
• You're trying to recover personal property worth more than $20,000
  • If you're asking for an item back and it may be worth over $20,000, the judge may need to hold a hearing to determine its value. If it exceeds the limit, the Small Claims Court can't hear the case.
• You're trying to recover or obtain title to real property (land)
  • The Small Claims Court cannot decide cases involving the ownership or possession of real estate.
• You're suing for defamation, libel, or slander
  • Claims based on harmful or false statements must be brought in a higher court.
• You want the court to make someone do or stop doing something
  • Small Claims Court is only for money-related judgments. It cannot issue orders to:
    • Require someone to complete a service or job
    • Force someone to remove posts from social media
    • Make someone take action, such as cutting down a tree

File a Small Claims Case

You must file your case against the person or business that is legally responsible for your loss — whether it’s money you’re owed or personal property that hasn’t been returned.

If You’re Suing a Business

• For Non-Corporate Businesses (Examples: sole proprietorships or partnerships)
  • Contact the County Clerk to find out who the owners or partners are.
  • You must name the correct individuals in your claim — not just the business name.
• For Corporations
  • 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 legal name and structure of the business:

• Check the Assumed Names Records
  • Visit the County Clerk’s office where the business is located.
• 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

Small Claims Court Fee

Fees are subject to change. Please confirm with the court before submitting payment.

• Small Claims
  • Filing Fee: $54.00
  • Service Fee (Hidalgo County Constable): $100.00 per defendant
  • Total: $154.00
• Writ of Execution
  • Filing Fee: $5.00
  • Service Fee: $225.00
  • Total: $230.00
• Writ of Attachment
  • Filing Fee: $5.00
  • Service Fee: $225.00
  • Total: $230.00
• Abstract of Judgment (Lien)
  • Filing Fee: $5.00
  • Service Fee: $10.00
  • Total: $15.00
• Motion for New Trial
  • Filing Fee: $54.00
• Appeal Filing Fee
  • Filing Fee: $54.00
• Transcript Fee
  • Fee: $64.00

When Can I File a Small Claims Case?

You only have a certain amount of time to file your case after the issue occurs. This deadline is known as the statute of limitations — and it’s very important. If you miss it, the court will likely dismiss your case, even if you’re completely right.

Common Filing Deadlines:

• Breach of Contract:
  • You generally have 4 years from the date the contract was broken — unless the contract says otherwise.
• Most Other Cases (like property damage or injury):
  • You typically have 2 years from the date the incident happened.
• Important Reminder:
  • If you're not sure whether the time limit has passed, it’s best to talk to an attorney before you file. Filing after the statute of limitations has expired will almost always mean the court dismisses your case — and you won’t get another shot.

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 I File in Any Justice Court in Texas?

Technically, yes, but it’s not always a good idea.

• If you file your case in the wrong location, the defendant can request that the case be moved to the correct court (called the proper venue). If that happens, you might have to pay the filing fees again — so it’s better to file in the right place from the start.

How Do I Know Where to File?

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

• Where the defendant lives
  • (The precinct and county of the person or business you're suing)
• Where the contract was supposed to be performed
  • (For example, where a service was supposed to happen)
• 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 get specific items returned)

How Do I File

Filing a small claims case is a straightforward process, but it’s important to follow each step carefully:

1. Fill Out a Petition This is the official form that tells the court:
   • Who you’re suing (the defendant)
   • Why you’re suing them
   • How much money you’re asking for
   • Your contact information

Most courts provide petition forms you can use.

Important: If you’re suing a doctor for medical malpractice, you should consult an attorney first — these cases have special legal requirements.

2. Pay the Filing Fee
   • The standard filing fee is around $54, but it can vary by county.
   • Check with your local court to confirm the exact amount.
3. Serve the Defendant
   • After you file your petition, the court issues a citation — a legal notice informing the defendant they've been sued.
   • That paperwork must be delivered (served) in one of the following ways:
     • By a constable, sheriff, court clerk, or private process server
     • By certified or registered mail (must include return receipt and restricted delivery)
   • You cannot serve the paperwork yourself.
4. Pay the Service Fee
   • There’s a separate fee for delivering the paperwork.
   • The cost varies by location and delivery method.
   • Contact the court for service fee options in your county.
5. Get Reimbursed If You Win
   • If the court rules in your favor, you may be awarded:
     • The amount you sued for
     • Your filing fee
     • Your service fee
   • The total judgment could include all costs you paid to bring the case.

Can’t Afford to File

The court system is meant to be accessible to everyone — including if you’re unable to pay the filing or service fees. If money is tight, you still have the right to file your case. Here’s what to do:

1. Fill Out a Statement of Inability to Afford Payment of Court Costs
   • This is a special form that tells the court you can’t afford the fees.
   • The court must provide this form to you upon request — just ask.
2. Swear That the Information Is True
   • You’ll need to sign the form under oath, confirming that everything you wrote is true to the best of your knowledge.
   • Be honest — providing false information could lead to legal consequences.
3. Be Complete and Accurate
   • Fill out every section of the form and don’t leave anything blank unless it doesn’t apply to you.
   • The more thorough you are, the smoother the process will be.

Why this matters: If the court accepts your form, they may waive or reduce your fees, so you can move forward 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 designed to be simple enough for you to handle on your own. However, you’re welcome to have a lawyer if you choose. Here's what you need to know if you’re handling your case without legal representation:

If You Don’t Have a Lawyer:

• Family or Trusted Person Help: The court may allow a family member or someone you trust to assist you with the case. However, they cannot speak for you in court. They can help explain the process and offer advice, but you’ll still need to represent yourself during the hearing.
• What the Court Cannot Do:
  • The court cannot provide you with legal advice, such as:
    • Whether or not you will win your case
    • Who you should file a case against
    • The steps you need to take to win or collect your judgment

Rules of Civil Procedure:

• The court must provide you with the Rules of Civil Procedure at no cost.
• Rules 500-507 are the specific rules that apply to small claims cases. These rules help guide how the process works.

After File a Small Claims

After filing your case, there are several important steps to follow. Here's what you need to know:

1. Keep Your Address Updated
   • It's important to keep your address current with the court and the other party involved in the case. This ensures that you’ll receive any papers, notices, or updates related to your case.
2. The Court Issues a Citation
   • The court will issue a citation — an official notice telling the defendant that they have been sued and must respond.
3. Serving the Citation
   • The citation must be delivered to the defendant. You have a few options for how to get it to them:
     • Service by Constable or Sheriff: You can pay the service fee to have a constable or sheriff serve the citation.
     • Private Process Server: Alternatively, you can hire a private process server to deliver the citation.
     • If you cannot afford the service fee, you may submit a Statement of Inability to Afford Payment of Court Costs.
4. Defendant’s Response
   • Once the defendant is served, they have 14 days to file an answer (a formal response) to your lawsuit. The defendant is also 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 pretrial hearing, you can address any issues that may affect the case, including:
     • Whether you need an interpreter
     • Requesting the court to subpoena a witness, which is an order for the witness 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 can take the following steps:

1. Request a Default Judgment Hearing
   • If the defendant does not respond within the required time, you can request a default judgment hearing. This hearing gives you the chance to present your case to the court, proving that you're entitled to the money or property you're asking for. If you succeed, the court may issue a judgment in your favor.
2. Provide the Defendant’s Last Known Address
   • To request a default judgment, you must provide the court with the defendant’s last known address in writing. This is crucial for the court to proceed with your request.
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 whether the defendant is on active duty.
   • In the affidavit, you should include:
     • How you know the defendant’s military status, or
     • Why you cannot determine their military status.
4. Verify Military Service
   • To confirm whether the defendant is on active duty in the military, you can verify their status through the Defense Manpower Data Center (DMDC) by visiting: SCra.dmdc.osd.mil.

Discovery

Discovery is the process by which parties in a lawsuit exchange information before the case goes to trial. It helps both sides gather the facts and evidence they need to prepare for the trial.

Important Points About Discovery:

• Discovery Must Be Approved by the Judge
  • Before any party is required to provide information or answer questions, the judge must approve the discovery process. This ensures that discovery is handled properly.
• How to Request Discovery
  • If you want the defendant to answer specific questions or provide certain information, you need to submit a request to the court. This request is known as a motion for discovery. The court will then decide whether the discovery is necessary and appropriate for the case.
• Reasonable and Necessary Discovery
  • The judge will only approve discovery requests that are reasonable and necessary for the case. For instance:
    • Reasonable request: Asking for specific emails the defendant sent to a subcontractor about work done on your property.
    • Unreasonable request: Asking for all emails the defendant has sent over the past three years, which is overly broad and irrelevant.
• 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 have the option to file an objection with the court. The court will then hold a hearing to decide if you must provide the information.

Important Reminder:

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

Send Paperwork to the Defendant

• In Person – Hand the paperwork directly to the defendant.
• Certified or Registered Mail – Use certified or registered mail, which provides proof of delivery to the defendant.
• Delivery Service (FedEx, UPS, etc.) – Use a reliable delivery service that includes tracking to ensure the defendant receives the documents.
• Fax – Send the paperwork via fax if the defendant has a fax number.
• Email – If the defendant has provided their email address and has agreed to receive documents via email in writing, you may email the paperwork to them.

Important Notes:

• When submitting paperwork to the court, you must include proof of delivery, which shows how and when the defendant received the paperwork.

Reach an Agreement

If your case goes to trial, there will usually be a "winner" and a "loser," which can leave one party unhappy. However, many people choose to settle their disputes before the trial, reaching 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 the terms of the settlement, including how much money is awarded to you or the other party.
2. What the Court Cannot Do
   • While the court can enter a judgment based on the settlement, it cannot include specific orders such as:
     • Payment plans
     • Deadlines for payments
3. Creating a Written Contract
   • If you and the defendant agree to specific terms, like a payment plan or deadlines, you will need to create a written contract. Both parties must sign the contract to formalize the agreement.
4. What Happens If the Defendant Breaks the Agreement?
   • If the defendant fails to follow the terms of the written settlement agreement, you can file a new lawsuit for breach of contract to enforce the terms of the settlement.

Can I Have a Jury Trial?

In a small claims case, either party has the option to request a jury trial. Here's how the process works:

1. How to Request a Jury Trial
   • Submit a written request: You must submit a written request to the court, asking for a jury trial.
   • Deadline: The request must be made at least 14 days before the scheduled trial date.
   • Jury fee: You must pay a jury fee of $22 when submitting the request.
2. What Happens if No One Requests a Jury
   • If neither party requests a jury trial, the case will be heard by a judge only, and this is referred to as a bench trial.

In summary, requesting a jury trial involves submitting a written request and paying the jury fee in advance. If no request is made, the case proceeds with a judge making the final decision.

Need More Time for Trial

The court will send you a trial notice at least 45 days before your scheduled trial date, providing you with ample time to prepare.

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

Trial

1. Jury Selection (If It’s a Jury Trial)
   • If your case is a jury trial, the first step is jury selection, also known as voir dire. Both parties will ask potential jurors questions to select a fair and impartial jury.
2. Opening Statements
   • Once the jury is selected (if applicable), you will have the chance to present an opening statement. This is your opportunity to explain to the judge or jury what your case is about and what evidence you’ll be presenting.
3. Presenting Your Case
   • After opening statements, yu will call your witnesses to testify. You will ask them questions to present your side of the story, and the defendant will have a chance to cross-examine them (ask them questions).
4. Your Testimony and Evidence
   • You can testify yourself and present evidence such as documents, contracts, receipts, or anything else relevant to your case. Be sure to have all your evidence organized and ready to present.
5. The Defendant’s Turn
   • The defendant will then present their side of the case. They will call their witnesses and present evidence. Afterward, you will have the opportunity to cross-examine the defendant’s witnesses by asking them questions related to the facts of the case. Remember to stay calm and respectful, even if you disagree with their testimony.
6. Closing Arguments
   • After all the evidence has been presented, both you and the defendant will have the chance to make closing arguments. This is your final opportunity to summarize the case and explain why you believe you should win.
7. Decision
   • After closing arguments, the jury will deliberate and make a decision if it’s a jury trial. If there is no jury, the judge will decide the outcome. The decision will be announced in open court, and a written judgment will be provided later.

Important Tips:

• Be sure to bring all your witnesses and evidence to court on the trial day.
• Stay calm, organized, and respectful throughout the process.
• Be prepared to explain your case clearly and confidently.

Lose a Small Claims Case

If the judgment is in favor of the defendant, you have a couple of options to challenge the decision:

1. Motion for a New Trial
   • What It Is: You can request a new trial within 14 days of the judgment if you believe there was an error or something went wrong in the trial process.
   • How to File: You will need to demonstrate that there was a legal issue or procedural mistake that affected the outcome of the trial.
   • Filing Fee: The filing fee for a motion for a new trial is $54. Alternatively, you can file a Statement of Inability to Afford Payment of Court Costs if you cannot afford the fee.
   • Deadline: You must send a copy of the motion to the defendant within one day of filing it.
2. Filing an Appeal
   • What It Is: An appeal is a request for a higher court (county court) to review your case. The county court will hear your case from the beginning (a de novo trial).
   • Deadline: You must file an appeal within 21 days of the judgment. If you filed a motion for a new trial and it was denied, the 21-day period begins from the denial of the motion.
   • Result: If you file an appeal, the judgment from the justice court is set aside, and the county court will conduct a new trial.
3. Requirements for Filing an Appeal
   • To file an appeal, you will need to meet the following requirements:
   • Appeal Bond: A bond of $500 (a promise from a third party, called a surety, to pay if you don’t follow through with the appeal).
   • Cash Deposit: Alternatively, you can make a $500 cash deposit which may be awarded to the defendant if you don’t pursue the appeal.
   • Statement of Inability to Afford Payment of Court Costs: If you can’t afford the appeal bond or cash deposit, you can file this form to request a waiver of the costs.
   • Filing Fee: You must pay a $54 filing fee to the county court or file the Statement of Inability to Afford Payment of Court Costs.
   • Notice to Defendant: Send a notice of your appeal to the defendant within seven days of filing the appeal.
4. County Court Filing Fee
   • After filing your appeal, 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.

Summary of Options:

- **Motion for New Trial:** 14 days to file, with a $54 fee or a Statement of Inability to Afford Payment of Court Costs.
- **Appeal:** 21 days to file, with a $500 bond or deposit and a $54 filing fee for the county court.

Win a Small Claims Case

If you win your case, you may not immediately receive the full amount of the judgment. The defendant might choose to file a motion for a new trial or an appeal, but if they don't, it becomes your responsibility to pursue enforcement of the judgment. Here are the options available to help you collect what you are owed:

1. Post-Judgment Discovery
   • What It Is: You can send the defendant questions to learn about their assets, asking what property or money they have that could be used to satisfy the judgment.
   • Response Time: The defendant is required to respond to your questions within at least 30 days.
   • Approval Needed: You do not need the judge’s approval to conduct post-judgment discovery.
2. Abstract of Judgment
   • What It Is: 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.
   • Effect: This action creates a lien on the property, meaning if the defendant sells it, you may be entitled to a portion of the proceeds to satisfy your judgment.
3. Writ of Execution
   • What It Is: A writ of execution is a court order that directs a constable or sheriff to seize the defendant’s personal property and sell it to pay the judgment.
   • Limitations: Keep in mind, some types of personal property are exempt from being seized, so the constable cannot take everything.
   • How to Get One: To obtain a writ of execution, you must file an application with the court that issued the judgment, but you must wait at least 30 days after the judgment before you can file.
4. Writ of Garnishment
   • What It Is: A writ of garnishment is used when a person or company is holding money or property that belongs to the defendant, and the court orders them to give that money or property to you.
   • Common Use: This is typically used to seize funds from the defendant’s bank account.
   • How to Get One: You must file an application with the court that issued the judgment, along with an affidavit explaining why you are entitled to the garnishment.
   • Important Consideration: If the person or company you're seeking the garnishment from does not have any of the defendant’s assets, you might be responsible for paying any attorney fees related to their response. Be sure that garnishment is the right choice before proceeding.

Important Considerations

• Post-Judgment Discovery: This allows you to get more information about the defendant’s assets to help you collect your judgment.
• Abstract of Judgment: If the defendant owns property, this option can place a lien, making it more difficult for them to sell the property without satisfying your judgment.
• Writ of Execution and Garnishment: These options help you collect money or property from the defendant, but make sure the property or accounts you target can actually be used to satisfy the judgment.

Enforcing a judgment can be a process, but these options can help you take the necessary steps to collect the money or property you are owed.

Courthouse Locations:

Hidalgo County Courthouse

100 N. Closner Blvd.
Second Floor
Edinburg, TX 78539
(956) 318-2460
https://www.hidalgocounty.us/2817/Small-Claims-Forms

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 Hidalgo County

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