Small Claims Court in Mclennan County

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

Small Claims Court

Small Claims Court is meant to be an easy, affordable way for everyday people to resolve smaller financial disputes—without needing to hire a lawyer. The process is simple, informal, and designed to be approachable, even if you've never been to court before.

What Kinds of Cases Does It Handle?

Small Claims Court focuses on civil cases where someone is asking for money—up to a maximum of $20,000. It doesn’t deal with situations where you're trying to get someone to return an item, finish a job, or stop doing something.

What the Court Can’t Do:

There are limits to what a Small Claims Court can order. It cannot:

• Make someone return your belongings
• Force anyone to complete a repair or service
• Require a person to start or stop a certain action

For Example:

• If a mechanic charged you for a repair that was never done, you can ask the court to order a refund. But you can’t ask the court to force them to finish the repair—that would need to go through a different legal process.

Who Can File a Claim?

• Adults (18 and older): You can file a claim on your own, no legal representation required.
• Minors (under 18): They can file too, but need help from:
  • A parent
  • A relative
  • Or a “next friend”—an adult who helps them through the process Organizations like associations, partnerships, and corporations can also file claims.

Who Can’t File?

• Generally, businesses that lend money and charge interest (like payday lenders) aren’t allowed to use Small Claims Court.

Who’s Involved in a Case?

• Plaintiff: The person (or business) bringing the case—the one who’s making the claim
• Defendant: The person (or business) being sued—the one who’s responding to the claim

What Can I File a Small Claims

Small Claims Court is a practical, low-cost way for everyday people to settle financial disputes—no lawyer required. It’s designed to be straightforward and accessible, especially if someone owes you money or something just didn’t go as planned. Below are some common types of cases you can bring to Small Claims Court:

• Breach of Contract
  • What it means: Someone made a promise—written or verbal—and didn’t follow through, causing you financial loss.
  • Example: You hired a contractor to renovate your kitchen, but they quit halfway through the job. You can sue to recover the money you paid or the extra cost of hiring someone else to finish it.
• Unpaid Debts
  • What it means: You loaned someone money and they haven’t paid you back, even after several reminders.
  • Example: You lent money to a friend, former roommate, or even a customer—and now they’re ghosting you. Small Claims Court can help you recover what you’re owed.
• Property Damage or Personal Injury
  • What it means: Someone damaged your property or caused you harm and won’t take responsibility.
  • Example: Someone hit your parked car and refuses to pay for the repairs. If they’re not cooperating, you can take them to court to seek compensation.
• Wrongful Possession of Property
  • What it means: Someone is keeping something that belongs to you and won’t give it back—even after you’ve asked nicely.
  • Example: You lent your neighbor a power tool, and now they’re acting like it’s theirs. If talking hasn’t worked, you can ask the court to help you recover its value.

What Can’t I File a Small Claims

Even though Small Claims Court is useful for many money-related disputes, there are some cases it doesn't cover. If your issue falls under one of these categories, you'll likely need to go to a higher court:

Claims Over $20,000

• Claims for more than $20,000 (excluding court fees or interest) are outside the court’s limit.
• This includes one large claim or multiple smaller ones that add up past the limit.

Personal Property Worth Over $20,000

• If you're trying to recover an item worth more than $20,000 (e.g., a car or expensive equipment), the Small Claims Court can’t hear the case—even if you're not asking for money.

Real Estate or Land Disputes

• Cases involving ownership, rental disagreements, or land rights are too complex for Small Claims Court. These must go through civil or district court.

Defamation, Libel, or Slander

• If someone has harmed your reputation with false statements (spoken or written), these claims must be handled in a higher court.
• These cases often involve larger damages and legal complexities.

Cases That Involve Actions, Not Money

• Small Claims Court can only award money—it cannot:
  • Order someone to return personal property
  • Require someone to complete a service or job
  • Stop someone from doing something (e.g., harassment)
  • Force someone to take a specific action (e.g., trimming a tree)

Small Claims Case Fees:

Small Claims & Eviction Court Fees

• Small Claims Filing Fee: $54
• Service of Citation (Per Defendant): $90

Eviction-Related Fees:

• Eviction Filing (One Defendant): $144
• Eviction Filing (Each Additional Defendant): $90
• Eviction Debit Claims: $144
• Eviction Small Claims: $144

Statute of Limitations

In Texas, every legal case must be filed within a specific time frame—called the statute of limitations. If you file too late, the court may dismiss your case, no matter how strong it is. Here are some common deadlines to keep in mind:

Common Filing Deadlines in Texas

• Breach of Contract
  • Deadline: 4 years from the date the contract was broken.
  • Note: Some written contracts may have a shorter deadline. Always review the terms of your agreement.
• Property Damage or Personal Injury
  • Deadline: 2 years from the date of the incident.
  • Applies to: Car accidents, physical injuries, or damage to personal property.

Not Sure If You're Still Within the Time Limit?

• Consult a lawyer or contact a local legal aid organization.
• A legal professional can help you determine whether you still have time to file and how the law applies to your specific situation.

Final Note

Once the statute of limitations has passed, your right to file the case is permanently lost. Always double-check your timeline and act quickly to protect your rights.

Where Do I File

When filing a small claims case in Texas, selecting the correct Justice Court is crucial. Filing in the wrong location can cause delays and extra expenses.

Can You File in Any Justice Court in Texas?

• Technically, yes—but it's not advised.
• Why it matters:
  • The defendant can request to move the case to the correct court.
  • This could result in:
    • Additional costs: You may need to pay a second filing fee.
    • Delays: Your case might be postponed or reset.

How to Choose the Right Court (Venue)

To avoid complications, file your case in the Justice Court that has proper jurisdiction. Consider the following:

• Where the Defendant Lives
  • File in the precinct and county where the person or business you’re suing resides.
• Where the Contract Was Supposed to Be Carried Out
  • If your claim involves a breach of contract, file in the location where the work or agreement was meant to be completed.
• Where the Damage or Injury Occurred
  • For cases involving accidents, injuries, or property damage, file in the area where the incident happened.
• Where the Property is Located
  • If you're suing to recover specific property, file where that item or property is physically located.

Filing in the correct court from the start saves time, money, and stress. If you're unsure, call the Justice Court or consult a legal professional before submitting your paperwork.

How Do I File

Filing a small claims case is easier than it sounds. Follow these steps to get started:

1. Fill Out a Petition
   • The petition is the official form that starts your case. 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 provide blank petition forms either at the courthouse or online.
   • Important: If you're suing for medical malpractice, consult a lawyer first, as these cases have special rules and strict deadlines.
2. Pay the Filing Fee
   • The standard filing fee is typically around $54 but may vary by county.
   • Check the Justice Court’s website or call the court clerk to confirm the exact fee for your county.
3. Serve the Defendant
   • After filing, the court will prepare a citation (a legal notice) for the defendant. This must be officially delivered, and you cannot serve it yourself. Options for serving the citation include:
     • 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 covers the cost of delivering the citation.
   • Fees vary depending on:
     • Who is serving the documents.
     • Where the defendant lives (e.g., serving someone in another county may cost more).
   • Tip: Contact the court for the exact 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 your original claim—you may also recover your filing and service costs.

Can’t Afford to File

• If paying court fees is a financial burden, Texas courts allow you to request a fee waiver. This lets you proceed with your case without paying the filing or service fees upfront. Here's how to apply:

1. Fill Out a “Statement of Inability to Afford Payment of Court Costs”
   • This form notifies the court that you're unable to pay the required fees.
   • Ask the court clerk for a copy of the form—they are required to provide it upon request.
   • Some courts also offer the form online for easy download.
2. Swear That the Information Is True
   • By signing the form, you are swearing under oath that all the information you provided is accurate.
   • Important: Lying on this form is illegal and could result in serious legal consequences. Always be truthful and complete when filling it out.
3. Fill Out the Form Carefully
   • Complete every section of the form unless it doesn’t apply to your situation. The court will require details such as:
     • Your income (monthly or annual).
     • Your monthly expenses (e.g., rent, utilities, food).
     • Any dependents you support (children, elderly family members).
     • Any public benefits you receive (e.g., SNAP, Medicaid, or SSI).
   • The more thorough and clear your answers, the easier it will be for the court to assess your financial situation and make a decision.

Need a Lawyer

Small Claims Court is designed to be straightforward and accessible, so many people choose to handle their cases without a lawyer. However, if you prefer legal support, you are welcome to hire an attorney.

If You Represent Yourself:

• Filling Out Paperwork
  • You can ask family, friends, or legal aid for help with completing the necessary forms.
• Understanding the Process
  • Feel free to ask for help in understanding the steps or any part of the process.
• Emotional Support
  • Having someone there for encouragement can be helpful, especially during stressful moments.
• Important Note:
  • Only You Can Represent Yourself in Court
    • Family or friends cannot speak on your behalf, present your case, or interact with the judge.
    • They can offer guidance and emotional support, but they cannot act as your legal representative.

Court Staff Can and Can’t Do

Court staff are available to assist with procedural questions, but they are not allowed to provide legal advice. Here's a breakdown:

What Court Staff Can Help With:

• Where to file your case
• How to access forms
• Basic questions about court procedures

What Court Staff 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:

• Court staff cannot offer legal advice, but they are required to provide free access to the rules that govern your case.
• For Small Claims cases in Texas, review Rules 500 through 507 of the Texas Rules of Civil Procedure. These rules cover:
  • The steps you need to take
  • The expectations for both parties involved
  • How the court process will unfold
• Being familiar with these rules will help you navigate the system confidently and ensure you're following the correct procedures.

After File a Small Claims

Once your case is filed, there are several important steps to keep things moving forward. Some of these are your responsibility, while others involve the court or the defendant (the person you’re suing). Here’s what you can expect:

1. Keep Your Address Updated
   • It's important to keep your mailing address current with both the court and the defendant.
   • This ensures you don’t miss important updates, notices, or court dates.
   • Tip: Notify the court immediately if your contact information changes.
2. The Court Issues a Citation
   • After filing your petition, the court will issue a citation.
   • This official notice informs the defendant that they are being sued and must respond by a specific deadline.
3. Serving the Citation
   • Once the citation is issued, it must be delivered to the defendant along with a copy of your petition.
   • *Options for service:
     • Constable or Sheriff: Pay a fee for law enforcement to serve the documents.
     • Private Process Server: 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."
4. Defendant’s Response
   • After being served, the defendant has 14 days to file a response with the court.
   • The defendant must also send you a copy of their response.
5. 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 trial where the judge may try to simplify the case or encourage a settlement.
   • Before the pretrial hearing, you can:
     • Request an interpreter: If you need help with language barriers, ask for an interpreter.
     • Request subpoenas: If you want witnesses to testify at trial, request subpoenas to compel their attendance.

What to Do If the Defendant Doesn’t Respond

If the person or business you're suing doesn't respond within 14 days, you might be able to win your case by default. Here’s how to proceed:

Step 1: Request a Default Judgment Hearing

• Ask the court to schedule a hearing where you can explain your case.
• At the hearing, you'll need to present:
  • A brief explanation of why you’re owed money or property.
  • Any proof or documentation supporting your claim.
• If the judge agrees with you, they can issue a judgment in your favor—even if the defendant doesn’t show up.

Step 2: Provide the Defendant’s Last Known Address

• When requesting a default judgment, you must provide the court with the defendant’s last known mailing address in writing.
• This helps the court confirm that all legal procedures were followed before proceeding with the judgment.

Step 3: Submit an Affidavit About Military Status

• Why this matters: The court must know if the defendant is on active duty in the U.S. military, as service members have special protections under the law.
• 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, include:
  • How you know the defendant’s military status (if applicable).
  • Why can't you confirm their military status (if you don’t know).

Need Help Verifying Military Status?

• You can check the defendant’s military status for free online using the Defense Manpower Data Center (DMDC): https://scra.dmdc.osd.mil
• You will need the defendant’s full name and possibly their date of birth or Social Security number to search.

Discovery

Discovery is a process where both parties exchange relevant information and documents before trial to ensure fairness. However, in small claims court, discovery doesn’t happen automatically. You need to ask the judge for permission to begin the process.

How to Start the Discovery Process:

1. File a Motion for Discovery
   • Submit a motion to the court requesting permission to begin discovery.
   • 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 if it’s fair, reasonable, and necessary.
2. What the Judge Will Allow:
   • Judges in small claims court will approve discovery requests only if they meet the following criteria:
     • Clear and Specific
       • Your requests must be detailed and focused on specific items or information.
     • Directly Related to Your Case
       • The information you request should have a clear connection to the issues at hand.
     • Reasonably Necessary
       • The information you’re requesting should help you prepare your case.

Examples:

• Reasonable Request:
  • Asking for emails related to a specific contract dispute.
• 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 of a Discovery Request:

• If the court approves a discovery request against you, you must respond.
• If you believe 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, such as:

• Court fines.
• Losing the right to present certain evidence.
• Even having your case dismissed.

It’s crucial to take discovery seriously—whether you’re making a request or responding to one—as it can greatly affect the outcome of your case.

How to Deliver Paperwork to the Defendant

Whenever you file paperwork—whether it’s a motion, evidence, or any other legal documents—it’s crucial to ensure both the court and the defendant receive copies. You must also prove the defendant got the documents, or the court may not accept them.

Approved Delivery Methods:

1. In Person
   • You can personally hand the documents directly to the defendant.
2. Certified or Registered Mail
   • Send the documents using certified or registered mail. This provides proof of delivery, including the date they were received.
3. Delivery Services (FedEx, UPS, etc.)
   • Use a tracked delivery service like FedEx or UPS, which offers delivery confirmation as proof.
4. Fax
   • If the defendant has a fax number, you can send the documents by fax. Make sure to keep 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 via email.

Important: Always Provide Proof of Delivery

When submitting documents to the court, you must provide proof that a copy was sent to the defendant. This proof should include:

• 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).

Without proof of delivery, the court may reject your documents, causing delays in your case. So, always keep track of your deliveries and provide the necessary proof.

Reach an Agreement

Sometimes both parties 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. Here’s what you need to know:

Court Judgment Based on Your Settlement

• If you and the defendant agree to settle, the court can issue a judgment based on 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.

What the Court Can’t Do

• While the court can make your settlement official, it cannot enforce specific details like:
  • Payment plans
  • Deadlines for payments
  • Installment schedules
• If your settlement includes these specifics, you’ll need to take an extra step.

Put the Settlement in Writing

To protect yourself, it’s essential to create a written contract that clearly outlines all the terms of your settlement, especially if it includes:

• Payment schedule
• Deadlines
• Any conditions both sides must meet

Both parties should sign the written agreement, and each should keep a copy. This written contract is separate from the court’s judgment but offers additional legal protection.

What If the Defendant Doesn’t Follow Through?

• If the defendant fails to honor the terms of your settlement (for example, by missing a payment), you have the right to:
  • File a new lawsuit for breach of contract.
  • Use the signed settlement agreement as evidence to show they didn’t follow through.

Requesting a Jury Trial

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
   • The jury 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. In a bench trial, the judge alone will hear the evidence and make the decision.

Summary

• To have a jury trial, you must request it on time and pay the required fee.
• If you don’t make the request or miss the deadline, the judge will decide the case instead.

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 enough time to:

What to Do Before the Trial

• Organize Your Evidence
  • Gather all relevant documents, receipts, contracts, or any other proof that supports your case.
• Prepare Your Witnesses
  • Make sure any people you want to testify on your behalf are available and ready to speak.
• Get Fully Ready for the Hearing
  • Organize your thoughts and any statements you may need to make during the trial.

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
     • If you can’t attend due to illness, include a doctor's note. If you have travel plans, provide proof of your itinerary or booking details.

Important Reminder

• Don’t skip your trial
  • If you miss the trial without an approved continuance, your case could be dismissed, and you may lose your right to pursue your claim.
• Request time as early as possible to ensure the court has enough time to process your request and make a decision.

Trial

Whether your case is decided by a jury or just a judge (bench trial), here’s a breakdown of what to expect:

1. Jury Selection (If Applicable)
   • What Happens:
     • If you or the defendant requested a jury trial, the day will begin with jury selection, known as voir dire. Both sides will ask potential jurors questions to ensure they can be fair and unbiased.
   • Goal:
     • To ensure the jury selected is impartial and able to listen to the case objectively.
2. Opening Statements
   • What Happens:
     • After jury selection (or if it's a bench trial), both sides give opening statements.
   • Your Opportunity:
     • Briefly explain the case, provide a preview of the evidence you will 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
   • What Happens:
     • 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—asking questions to challenge their testimony.
4. Your Testimony and Evidence
   • What Happens:
     • You can testify on your own behalf. Be sure to bring all relevant evidence:
       • Contracts, receipts, invoices
       • Photos, videos, physical evidence
       • Emails, texts, written communications
   • Tip:
     • Stay organized and have your evidence ready to present when needed.
5. The Defendant Presents Their Case
   • What Happens:
     • Once you’ve finished presenting your case, the defendant will have the 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 with the defendant’s arguments.
6. Closing Arguments
   • What Happens:
     • After both sides have presented their evidence, each side gives a closing argument.
   • Purpose:
     • To summarize your main points, highlight your strongest evidence, and 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.
   • After the Trial:
     • The decision is usually announced in court, and you will receive a written judgment.

Trial Day Tips

• Bring Everything:
  • Ensure you have all your evidence and witnesses with you.
• Speak Clearly and Stick to the Facts:
  • Focus on the relevant facts and present them in an organized way.
• Stay Honest and Well-Prepared:
  • Being prepared and truthful can significantly influence the outcome of your case.

What to Do If the Judgment Is Not in Your Favor

If you feel that there was a mistake in your small claims case or that the outcome was unfair, you have a couple of options to seek a different result. Here are 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 request this if you believe there was a legal error or a procedural mistake that 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 appeal the decision. An appeal moves your case to a county court for a brand-new trial, also 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:
  • 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 an important first step, but collecting the money or property you’ve been awarded can sometimes require further action. If the defendant doesn’t file a motion for a new trial or an appeal, here are the primary methods you can use to enforce the judgment and collect what’s owed:

1. Post-Judgment Discovery
   • What It Is:
     • Post-judgment discovery allows you to ask the defendant about their financial situation, including details like their income, bank accounts, and property. This helps you figure out if they have any assets that can 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 directly request this information from the defendant.
2. Abstract of Judgment
   • What It Is: An Abstract of Judgment is a legal document that you file with the county clerk in the county where the defendant owns real property (e.g., a house). This creates a lien on their real estate, meaning they can’t sell the property without paying you off first.
     • Effect: Filing the abstract means that if the defendant sells the property, the proceeds from the sale will have to go toward satisfying the judgment before the defendant can receive any of the money.
     • How to File: You need to 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 allows a constable or sheriff to seize and sell the defendant’s personal property (such as cars, electronics, or valuable items) in order to satisfy the judgment.
     • Limitations: Some property is exempt from seizure, such as basic household items or tools necessary for the defendant’s work.
     • How to Request: You must file an application for a writ of execution with the court, and you can request this at least 30 days after the judgment has been entered.
4. Writ of Garnishment
   • What It Is:
     • A Writ of Garnishment allows you to take money or property from a third party (like a bank) that holds the defendant’s assets. It is often used to directly garnish money from the defendant’s bank account.
   • How to Request:
     • You need to file an application with the court and an affidavit explaining why you are entitled to garnishment.
   • Important Consideration:
     • If the third party (such as a bank) doesn’t have the defendant’s assets, you may be responsible for their legal fees. Only pursue garnishment if you're confident that the defendant has assets to seize.

Final Thoughts:

• Post-Judgment Discovery:
  • This is a key method for figuring out where the defendant’s assets are so that you can pursue a more strategic collection effort.
• Abstract of Judgment:
  • Filing this document allows you to place a lien on the defendant’s real estate, giving you a potential source of funds if they sell their property.
• Writ of Execution and Garnishment:
  • These methods can be highly effective but may involve extra legal steps and fees. Be prepared for the process and plan accordingly.

Be Strategic:

Enforcing a judgment can take time and effort, but with these legal tools, you have clear options to help you collect the money or property you’ve won. It's important to pursue these steps carefully and persistently, as recovery may take some time and diligence.

Courthouse Locations:

McLennan County Courthouse - District Clerk

Courthouse Annex
501 Washington Ave Suite 300
Waco, TX 76701
(254) 757-5054
https://www.mclennan.gov/

BUILDING HOURS

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

CITIES SERVED

• Waco
• Hewitt
• Bellmead
• Woodway
• Lacy-Lakeview
• West
• Willow Grove
• Mart
• Beverly Hills
• Lorena
• Moody
• China Spring
• Riesel
• Crawford
• Leroy
• Ross

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