Small Claims Court in Jefferson County

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

Small Claims Court

A small claims case is a simplified legal process used to resolve disputes involving money, property, or civil penalties—without the cost and complexity of a full trial.

Maximum Claim Limit

• Up to $20,000 (excluding court costs and interest)
• Includes attorney fees (if any)
• You can ask the court to reimburse court costs, but don’t include them in the amount you’re suing for

Relevant Rules

• Governed by Rules 500–507 of Part V of the Texas Rules of Civil Procedure
• Must be filed in the county and precinct where the defendant lives or the business is located

Properly Naming the Defendant

As the plaintiff, it’syour job to provide the correct legal name and address of the defendant. Here are the most common types:

1. ndividual (Personal Responsibility)
   • Suing someone directly for personal actions or damage.
2. Sole Proprietor or Partnership
   • Business operating under an assumed name (DBA).
   • Example: John Tate d.b.a. Mercantile Supplies
   • Check with the county clerk’s office (e.g., Smith County Courthouse) to confirm the business name.
3. Corporation
   • Suing a legally incorporated business.
   • You’ll need to serve the company’s registered agent.
   • To find the agent's info, contact the Texas Secretary of State: 1-512-463-5555 or visit SOSDirect

What Can I File a Small Claims

Small Claims Court is designed to help everyday people resolve money-related disputes without needing a lawyer. It’s affordable, simple, and ideal for situations where:

• Someone owes you money
• Your property was damaged
• A deal wasn’t honored

It offers a fair, straightforward way to settle problems when direct solutions haven’t worked.

Common Reasons to File a Small Claims Case

1. Breach of Contract
   • What it means: Someone made a promise—written or verbal—and broke it, costing you money.
   • Example: You paid a contractor to remodel your kitchen, but they quit halfway through. You can sue to recover the money you paid or the cost to hire someone else.
2. Unpaid Debts
   • What it means: You loaned someone money, and they haven’t paid it back—even after reminders.
   • Example: You helped a friend or roommate with a loan, but now they’re ignoring you. Small Claims Court lets you pursue what you're owed.
3. Property Damage or Personal Injury
   • What it means: Someone damaged your belongings or caused an injury and refuses to pay for the harm.
   • Example: Someone hit your parked car and won’t pay for repairs. You can sue for the cost of fixing the damage.
4. Wrongful Possession of Property
   • What it means: Someone has something that belongs to you and refuses to return it.
   • Example: You lent a neighbor your power drill, and now they won’t give it back. You can ask the court to order its return—or award you its value.

What Can’t I File a Small Claims

Small Claims Court in Texas is meant for simple, money-related disputes. But not all cases qualify. If your issue fits into one of the categories below, you’ll likely need to file in a higher court, such as a civil or district court.

• Claims Over $20,000
  • If you’re asking for more than $20,000 (not including court costs or interest), your case exceeds the Small Claims Court limit. This includes one large claim or multiple smaller claims that total more than $20,000.
• Property Worth Over $20,000
  • If you're trying to recover something—like a car or valuable equipment—and its value is more than $20,000, the Small Claims Court cannot hear your case. Even if you're not asking for money, the court looks at the value of the property involved.
• Disputes Involving Real Estate or Land
  • Cases about who owns land, where property lines fall, or issues between landlords and tenants are too complex for Small Claims Court. These cases must be brought in civil or district court.
• Defamation, Libel, or Slander
  • If someone has harmed your reputation by spreading false statements, that’s a defamation case. These involve complicated legal standards and are not eligible for Small Claims Court.
• Cases Asking for Actions, Not Money
  • The Small Claims Court can only order one party to pay money. It cannot force someone to:
    • Complete a job
    • Return your property
    • Stop certain behavior
    • Fix damage or perform maintenance

If your goal is to make someone take action—or stop an action—this type of request is outside the scope of Small Claims Court.

Small Claims Case Fees:

Filing & Court Fees

• Small Claims Filing Fee (Justice Court): $54
• Appeal Filing Fee (Justice Court):** $64
• Jury Trial Fee (if requested): $5

Post-Judgment Fees

• Abstract of Judgment (Jefferson County): $5

Citation Service Fees

• Citation Service Fee (within Dallas County): $80 (Note: This fee may differ in Jefferson County or outside Dallas County—check with the local court.)

Other Potential Costs

• Costs for Obtaining & Serving Citations: Varies depending on the method and location (e.g., constable, private process server, or certified mail).

These fees are paid to Jefferson County and can be paid in the following ways:

• Cash
• Money Order
• Credit Card (with a 3% processing fee)

Statute of Limitations

When you're considering filing a small claims case, timing is critical. Texas law sets strict limits on how long you have to take legal action. Here are the most common deadlines:

Breach of Contract

• Deadline: 4 years from the date the contract was broken
• Note: Some written contracts may set shorter deadlines—always check the agreement's fine print.

Property Damage or Personal Injury

• Deadline: 2 years from the date of the incident
• Covers: Car accidents, physical injuries, or damage to property

Why This Matters

Once the deadline passes, you permanently lose the right to file your case. There are no exceptions for missing the window. Always confirm your timeline before moving forward.

Where Do I File

Filing in the correct Justice Court is one of the most important steps in a small claims case. Filing in the wrong court can delay your case, cost you more money, and waste valuable time—so it’s worth doing right from the beginning.

Can You File in Any Justice Court in Texas?

Technically, yes—but that doesn’t mean you should. If you file in the wrong court, the defendant can ask the court to move the case to the correct venue. This can lead to:

• Extra costs – You may have to pay another filing fee.
• Delays – Your court date could be pushed back by weeks or even months.

How to Find the Right Court (Proper Venue)

Use one of these rules to identify the correct county and precinct:

• Where the Defendant Lives
  • File in the county and precinct where the person or business you're suing is physically located.
• Where the Contract Was Supposed to Be Completed
  • For breach of contract cases, file where the work, payment, or agreement was supposed to take place.
• Where the Damage or Injury Happened
  • For accidents, personal injury, or property damage, file in the area where the incident occurred.
• Where the Property Is Located
  • If you're trying to recover specific property (like tools or equipment), file in the location where that property is.

How Do I File

Filing a small claims case may sound intimidating, but it’s actually a straightforward process. Here's what to do:

1. Fill Out a Petition The petition is the official form that starts your case. It must include:
   • The full name of the person or business you’re suing (the defendant)
   • A short explanation of why you’re suing
   • The exact dollar amount you’re requesting
   • Your contact information

• Tip: Most Justice Courts provide blank petition forms at the courthouse or on their websites.
• Important: If you’re suing a doctor for medical malpractice, stop here and consult a lawyer—these cases follow special rules and strict deadlines.

2. Pay the Filing Fee
   • The standard filing fee is around $54, but it may vary by county.
   • Check with your local Justice Court or their website for the exact fee.
3. Serve the Defendant
   • Once your petition is filed, the court prepares a citation—a legal notice that tells the defendant about your lawsuit.
   • You cannot serve this yourself. It must be delivered by one of the following:
     • 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
   • This is the cost to deliver the citation.
   • The amount depends on who delivers it and where the defendant is located.
   • Example: Serving someone in another county usually costs more.
   • *Tip: Call your local Justice Court to ask about the service fee for your situation.
5. Get Reimbursed If You Win

• If you win the case, the court may order the defendant to pay:
  • The amount you sued for
  • Your filing fee
  • Your service fee
• That means you could recover more than just your original loss.

Can’t Afford to File

If court costs like filing or service fees are a financial burden, Texas courts allow you to apply for a fee waiver. This can help you move forward with your case without paying upfront.

Step 1: Fill Out the Right Form

• You’ll need to complete a “Statement of Inability to Afford Payment of Court Costs.”
• Where to get it:
  • Ask the court clerk—they are required to provide it if requested.
  • Visit your court’s website—many post downloadable versions of the form online.

Step 2: Swear That Everything Is True

• When you sign the form, you are signing under oath. - That means:
  • You are legally confirming that your information is accurate.
  • Providing false information is a serious offense and can result in penalties.

Step 3: Be Thorough and Honest

• Fill out the form carefully and completely. Include details such as:
  • Your total monthly or yearly income
  • Your monthly expenses (rent, groceries, utilities, transportation)
  • The number of people you support financially (children, elderly family members, etc.)
  • Any public benefits you receive (SNAP, Medicaid, SSI, housing assistance)
• Tip: Don’t leave any sections blank unless they truly don’t apply to you.

What Happens Next?

• The judge will review your form to decide if you qualify for a waiver.
• If approved, you won’t need to pay the filing or service fees.
• If denied, you may be required to pay the fees to continue your case.

Do I Need a Lawyer?

Small Claims Court is designed to be simple and accessible, so you are not required to hire a lawyer. Many people handle their cases successfully on their own.

If You Represent Yourself

You’ll be the one presenting your case in court. But that doesn’t mean you have to do everything alone:

• Help with Forms: Friends, family, or legal aid groups can help you fill out paperwork before your court date.
• Guidance: You can ask court staff questions about the process (though they can’t give legal advice).
• Moral Support: Someone can come with you to court to support you emotionally—but they can’t speak on your behalf.

Important Rule: Only You Can Speak in Court

While support is encouraged, the court requires you to present your case personally. That means:

• No one else can argue your case.
• They cannot speak to the judge for you.
• You must respond to all questions and present your own evidence.

After File a Small Claims

1. Keep Your Address Up to Date
   • Ensure the court and the defendant have your current mailing address to receive all updates about your case, such as court dates and other important documents.
   • Tip: If you move or change contact information, notify the court immediately to avoid missing any notices.
2. Court Issues a Citation
   • After filing, the court will prepare a citation. This document officially notifies the defendant that they are being sued. It also includes a deadline for their response.
3. Serving the Citation
   • You are responsible for ensuring the citation and a copy of your petition are delivered to the defendant.
   • Ways to Serve the Defendant:
     • Constable or Sheriff: Local law enforcement can serve the papers for a fee.
     • Private Process Server: Hire a certified professional to deliver the documents.
     • By Mail: You can use certified mail with restricted delivery and return receipt (check with the court for eligibility).
   • 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.
4. Defendant’s Response
   • Once served, the defendant has 14 days to respond to the court and send you a copy of their response.
   • What Happens Next?
     • If the defendant responds, the court will either set a trial date or schedule a pretrial hearing.
5. Pretrial Hearing
   • Purpose: A pretrial hearing is an informal meeting where the judge may help clarify any issues or encourage both parties to settle before going to trial.
   • Before the Hearing:
     • Request an interpreter if you need help understanding the language used during the court proceedings.
     • Request subpoenas if you need specific witnesses to appear on your behalf.

What to Do If the Defendant Doesn’t Respond

If the person or business you're suing does not respond to the lawsuit within 14 days of being served, you may be able to win by default. Here's a step-by-step guide on how to proceed:

Steps for Requesting a Default Judgment

1. Request a Default Judgment Hearing
   • If the defendant doesn't respond, you can ask the court to schedule a hearing where you'll present your case.
   • At the hearing, you'll need to explain:
     • Why you're owed money or property
     • Evidence: Provide supporting documentation, such as receipts, contracts, photos, etc.
   • If the judge agrees that you’ve provided enough proof and the defendant hasn’t responded, they may issue a default judgment in your favor—even without the defendant present.
2. Provide the Defendant's Last Known Address
   • When requesting a default judgment, you’ll need to give the court the defendant’s last known address in writing.
   • This step is crucial for the court to verify that the legal procedure was properly followed before issuing a judgment.
3. Submit an Affidavit About Military Status
   • The law requires the court to check if the defendant is on active duty in the U.S. military, as military personnel have special legal protections under the Servicemembers Civil Relief Act (SCRA).
   • You must submit an affidavit (a sworn statement) confirming 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.
   • If you know the defendant’s military status, explain how you know. If you don’t, explain why you’re unable to confirm it.
4. How to Verify Military Status
   • You can easily check the defendant’s military status for free through the Defense Manpower Data Center (DMDC) website: SCRA Website
   • You'll need the defendant's full name and possibly their date of birth or Social Security number to perform the search.

Why This Matters

• If the defendant is on active duty in the military, they may be entitled to special protections that could delay the court proceedings or affect the judgment. That’s why it's important to check their military status before moving forward with a default judgment.

Discovery

Discovery is a process where both sides exchange important information and documents before trial. It helps ensure that both parties know what to expect, making the trial fair. However, in small claims court, discovery isn't automatic—you'll need to request it from the judge. Here's how it works:

How to Start the Discovery Process

1. File a Motion for Discovery
   • If you want documents or information from the other party, you’ll need to file a motion for discovery with the court.
   • In your motion, explain:
     • What specific documents or information you need.
     • Why this information is necessary for your case.
2. Judge’s Review
   • The judge will review your motion and determine whether your request is fair, reasonable, and essential to your case.
   • The judge will decide if your request should be granted or denied.

What the Judge Will Allow

Judges will only approve discovery requests that meet certain criteria:

• Clear and Specific: Your request must be focused, not vague.
• Directly Related to Your Case: The information you're asking for should be directly connected to the issues in your case.
• Reasonably Necessary: Your request must be useful for preparing your argument in court.

Examples of Discovery Requests:

• Reasonable Request: Requesting emails related to a specific contract dispute or photos of damaged property.
• Unreasonable Request: Asking for every email the other party has sent in the past three years without linking it to the current case.

What Happens If You’re the One Receiving a Discovery Request?

If the other party files a discovery request against you, here's what happens:

• You must respond to the request, providing the requested information (if it’s valid).
• Objections: If you think the request is too broad, irrelevant, or unfair, you can file an objection with the court, asking the judge to review the request. The judge may hold a hearing to decide whether you must provide the information.

Why Discovery Is Important

Discovery can play a crucial role in the outcome of your case, as it ensures both parties have access to the information they need to present their arguments. Here's why it matters:

• Non-Compliance Consequences: Failing to comply with a valid discovery request can result in:
  • Court fines
  • Loss of the right to use certain evidence
  • Having your case dismissed

Key Takeaways:

• Discovery helps prepare both sides and ensures a fair trial.
• You must request discovery from the judge, and the judge will decide if your request is reasonable.
• If you're on the receiving end of a discovery request, be sure to respond or object if necessary.

How to Deliver Paperwork to the Defendant

When you file legal documents like motions, evidence, or other paperwork, it's essential that the defendant gets copies. The court needs proof of delivery to ensure that the defendant has been informed about the case. Here’s how you can deliver documents and prove they were received:

Approved Delivery Methods

1. In Person
   • You can personally hand the documents to the defendant.
   • This method is simple and direct, ensuring the defendant gets the documents immediately.
2. Certified or Registered Mail
   • Use certified or registered mail to send the documents.
   • This provides proof of delivery and records the date when the documents were received. You’ll get a receipt as proof of delivery.
3. Delivery Services (FedEx, UPS, etc.)
   • If you prefer to use a courier service like FedEx or UPS, they offer tracked delivery services.
   • These services provide confirmation of delivery, allowing you to show the court that the defendant received the documents.
4. Fax
   • If the defendant has a fax number, you can send the documents via fax.
   • Keep the fax confirmation as proof that the documents were successfully delivered.
5. Email
   • You can email the documents if:
     • The defendant has provided their email address.
     • The defendant has agreed in writing to receive legal documents via email.
   • Important: Always make sure to keep proof of the defendant’s written agreement to receive legal documents by email.

Always Provide Proof of Delivery

No matter which delivery method you choose, you must provide proof to the court that the defendant received the documents. Your proof should include:

• How the documents were delivered (e.g., in person, by mail, fax, etc.).
• When the documents were delivered (the exact date).
• Who received the documents (e.g., the defendant’s name or confirmation from a delivery service).

Why This Is Important

• Without proof of delivery, the court may not accept your documents. This can cause delays in your case and may even result in your case being dismissed. Therefore, always ensure you can demonstrate that the defendant received the documents properly.

Reach an Agreement

Sometimes, both parties in a lawsuit may decide to settle the case outside of a full trial. Settling can save time, money, and stress. If both parties agree to a settlement, the court can still make it official, giving the settlement legal weight. Here's what you should keep in mind when considering a settlement:

Court Judgment Based on Your Settlement

• If you and the defendant agree to settle, the court can issue a judgment that reflects the terms of your settlement. This means:
  • The court officially acknowledges your settlement.
  • The settlement becomes legally binding and enforceable.
• However, while the court can acknowledge and enforce the overall settlement, there are limits to what it can specifically enforce.

What the Court Cannot Enforce

• While the court can enforce the settlement agreement itself, it cannot enforce certain payment-related details, such as:
  • Payment plans
  • Deadlines for payments
  • Installment schedules
• If your settlement involves specific details about how payments should be made or deadlines for completing actions, you’ll need to take additional steps to ensure compliance.

Put the Settlement in Writing

To avoid any confusion or disagreements later, it’s important to put the settlement in writing. This ensures both parties understand their responsibilities and avoids potential disputes. It's especially critical if your settlement includes:

• A payment schedule
• Deadlines for actions or payments
• Conditions that both sides must meet

Steps to Take:

1. Create a written contract that clearly outlines the terms of your settlement.
2. Both parties should sign the agreement.
3. Each party should keep a signed copy of the agreement for their records.

This written agreement will supplement the court’s judgment and will offer you legal protection in case of any future disputes. While the court won’t enforce payment schedules, a signed written agreement gives you a clear document to reference if the defendant doesn’t honor their obligations.

What to Do if the Defendant Doesn’t Follow Through

If the defendant fails to follow through with the terms of the settlement (e.g., by missing a payment or not fulfilling their obligations), you have legal options:

1. File a new lawsuit for breach of contract: You can sue the defendant again for failing to meet the terms of the settlement agreement.
2. Use the signed settlement agreement as evidence that they didn’t fulfill their part of the deal.

Why the Written Settlement is Crucial

• Having a written settlement ensures that there’s no confusion about what was agreed upon. It offers legal protection if either party fails to meet their obligations. By taking these steps, you can ensure that your settlement is clear, enforceable, and legally protected.

Requesting a Jury Trial

1. Submit Your Request in Writing
   • Let the court know in writing that you want a jury trial. Your request needs to be clear and straightforward.
2. File Your Request at Least 14 Days Before Your Trial
   • Make sure to file your request at least 14 days before your trial date. If you miss the deadline, your case will be decided by a judge instead of a jury.
3. Pay the $22 Jury Fee
   • Along with your written request, you’ll need to pay a $22 fee. Keep in mind, if you don’t pay this fee, your jury request won’t be processed.

What Happens If No One Requests a Jury?

• If neither side requests a jury trial, the case will move forward as a bench trial, meaning the judge will decide the outcome.

Preparing for Your Trial

Once your trial date is set, you’ll get a notice from the court at least 45 days ahead of time, so you'll have plenty of time to prepare. Here’s what to do before the hearing:

1. Organize Your Evidence
   • Gather all the important documents you’ll need, like receipts, contracts, photos, or any other proof that supports your case. Make sure everything is labeled clearly so it’s easy to present.
2. Prepare Your Witnesses
   • If you have witnesses who will testify, check with them to make sure they’re available and remind them of the trial date and time.
3. Review Your Arguments
   • Go over your arguments and notes before the trial. Being clear on what you want to present will help you stay focused and organized during the hearing.

Need More Time?

Sometimes, life happens, and you may need to reschedule your trial. Here’s how to request a postponement (called a "continuance"):

1. Submit a Written Request to the Court
   • Write to the court explaining why you need more time. Be clear and direct about the reason.
2. Provide Supporting Documents
   • If your reason for rescheduling is something like illness or travel plans, be sure to include any proof, like a doctor’s note or travel confirmation.

Important Reminder:

Never miss your trial without getting approval for a postponement. If you don’t get the court’s approval and miss the trial, your case may be dismissed, and you could lose the chance to move forward with it. Always notify the court as soon as possible if you need to reschedule, and give them enough time to review your request.

Trial

1. Jury Selection (If There’s a Jury)
   • What Happens: If either side has requested a jury trial, the first step is selecting the jury, a process called voir dire.
   • Purpose: The goal here is to pick jurors who are fair, unbiased, and able to evaluate the case objectively.
   • Process: Both parties will ask potential jurors questions to spot any biases or conflicts of interest. You want to make sure the jury will be impartial when hearing your case.
2. Opening Statements
   • What Happens: Both sides (or just the plaintiff in a bench trial) will give their opening statements.
   • Purpose: This is your chance to introduce your case, explain what evidence you’ll present, and outline why you believe you should win.
   • Tip: Keep your opening statement clear, brief, and focused—there’s plenty of time later to dive into the details.
3. Presenting Your Case
   • What Happens: Now it’s your turn to tell your side of the story.
     • You’ll call witnesses to testify on your behalf.
     • You’ll introduce your evidence, such as documents, receipts, contracts, photos, and anything else that backs up your case.
   • Cross-Examination: Once you’ve presented your witnesses, the defendant will get to cross-examine them, asking questions to challenge their testimony.
4. Your Testimony and Evidence
   • What Happens: You have the right to testify for yourself.
     • Be sure to bring all your important evidence—contracts, receipts, emails, photos, etc.
   • Tip: Stay organized so you can present your evidence quickly and clearly when needed.
5. The Defendant Presents Their Case
   • What Happens: After you’ve presented your side, the defendant will present theirs.
     • They’ll call their own witnesses and present their evidence.
     • You’ll have the chance to cross-examine their witnesses, too, and challenge their testimony.
   • Tip: Stay calm and respectful, even if the defendant’s case feels unfair or frustrating.
6. Closing Arguments
   • What Happens: After all the evidence has been presented, both sides will give closing arguments.
     • This is your opportunity to summarize the key points of your case.
     • Highlight your strongest evidence.
     • Explain why you believe the court should rule in your favor.
7. The Decision
   • Jury Trial: The jury will deliberate privately and return with their verdict.
   • Bench Trial: If there’s no jury, the judge will deliberate and make the decision themselves.
   • Decision Announcement: The court will usually announce the decision in the courtroom, and you’ll receive a written judgment afterward.

Trial Day Tips:

• Bring Everything: Make sure you have all your evidence and witnesses with you.
• Speak Clearly: Stick to the facts and avoid emotional arguments or straying off-topic.
• Stay Honest and Well-Prepared: Being truthful and organized will go a long way in showing the court that your case is solid.

What to Do If the Judgment Is Not in Your Favor

If something didn’t go right during your small claims trial or you feel the outcome was unfair, you have two main options to try and get a different result. Here’s a breakdown of what you can do:

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

If you believe that a mistake—whether legal or procedural—led to the wrong decision in your case, you can ask the court to grant you a new trial. This is done by filing a Motion for a New Trial.

• Important Details:
  • Deadline: You must file this motion within 14 days after the judgment is issued.
  • How to File:
    • Write a motion explaining what went wrong in your trial. For example, if there was a mistake in applying the law or any procedural errors, mention those.
    • Submit your motion to the court and send a copy to the defendant within one day of filing.
  • Fee: The filing fee for this motion is $54.
  • Fee Waiver: If you can’t afford the fee, you can request a waiver by submitting a Statement of Inability to Afford Payment of Court Costs.

Option 2: Appeal to a Higher Court

If you want your case to be completely reconsidered from the start, you can file an appeal. This means your case will go to a county court for a fresh 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 begins from the denial date.
  • Effect: When you file an appeal, the judgment from the small claims court is set aside, and your case starts over in county court.
  • How to File an Appeal:
    • You’ll need to post a $500 appeal bond (with a third party backing you, known as a surety), or
    • Make a $500 cash deposit with the court, or
    • If you can’t afford the bond or deposit, you can submit a Statement of Inability to Afford Payment of Court Costs.
  • You’ll also need to pay a $54 filing fee to the county court, unless you’ve already submitted a fee waiver form.
  • Notification Requirement: Once you file the appeal, you must notify the defendant within 7 days that you’re appealing the decision.

Summary:

• Motion for a New Trial: If you think there was a legal mistake or procedural error during the original trial, you can ask for another trial in the same court within 14 days.
• Appeal: If you want to start fresh with a new trial in county court, you can appeal within 21 days. Keep in mind that there are additional fees and a deposit requirement.

Win a Small Claim Case

After winning your small claims case, getting the money you’re owed might not be as simple as the court’s decision. If the defendant doesn’t pay voluntarily, you still have several legal methods to enforce the judgment and collect what you’re owed. Here’s a breakdown of your options:

1. Post-Judgment Discovery
   • What It Is:
     • Post-judgment discovery allows you to ask the defendant detailed questions about their finances, like their income, bank accounts, and other assets. The goal is to figure out whether they have the means to pay the judgment.
   • How It Works:
     • You can directly request this information from the defendant.
     • They must respond within 30 days of your request.
     • No need to get approval from the judge to start this process.
   • Why It’s Useful:
     • This process helps you locate the defendant’s assets, which can help you target your collection efforts more effectively.
2. Abstract of Judgment
   • What It Is:
     • An Abstract of Judgment is a legal document you file with the county clerk where the defendant owns real property. Filing this document creates a lien on their property.
   • How It Helps:
     • If the defendant tries to sell their property, the lien ensures that the debt will be paid from the sale proceeds.
     • This method is especially useful if the defendant owns valuable real estate.
   • How to File:
     • Submit the Abstract of Judgment to the county clerk in the county where the defendant has property.
     • Once filed, a lien will be placed on their real estate.
3. Writ of Execution
   • What It Is:
     • A Writ of Execution is a court order that lets a sheriff or constable seize and sell the defendant’s personal property—like jewelry, electronics, or vehicles—to pay off the judgment.
   • Limitations:
     • Some items, like basic household goods or tools necessary for work, are exempt from seizure.
   • How to Request:
     • You must file for a writ of execution with the court at least 30 days after the judgment.
     • Once the court grants it, law enforcement will go ahead and seize the defendant’s assets.
4. Writ of Garnishment
   • What It Is:
     • A Writ of Garnishment allows you to seize money or property that the defendant holds with a third party, like a bank. This is commonly used to garnish a defendant’s bank account.
   • How to Request:
     • File an application with the court that issued the judgment.
     • Include an affidavit explaining why you’re entitled to garnishment (e.g., the defendant has money in a bank account or other assets that can be garnished).
   • Important Considerations:
     • Be careful: If the third party (like a bank) doesn’t have the defendant’s assets, you might end up responsible for their legal fees.
     • Only pursue garnishment if you’re confident the defendant has assets to seize, as there are legal costs involved.

Final Thoughts

• Post-Judgment Discovery: Helps you locate the defendant’s assets, making it easier to plan your next steps.
• Abstract of Judgment: Creates a lien on real property, ideal if the defendant owns valuable property.
• Writ of Execution and Garnishment: These methods are effective but involve extra legal steps, so make sure you’re ready for them.

Be Strategic

Enforcing a judgment takes time and persistence. These options give you clear ways to collect what you’re owed, but it’s important to stay organized, plan ahead, and be prepared for the additional costs or legal steps involved. With the right approach, you can increase your chances of successfully collecting your judgment.

Courthouse Location:

Jefferson County District Clerk

1085 Pearl St #203
Beaumont, TX 77701
(409) 835-8580
https://jeffersoncountytx.gov/dclerk/index.html

BUILDING HOURS

• Monday – Friday 8:00 AM-4:30 PM, except court holidays

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