Small Claims Court in Smith County

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

Small Claims Court

A small claims case is a type of lawsuit you can file when you're trying to recover money, personal property, civil penalties, or other legal relief. It’s meant to be a simpler, more affordable way to resolve disputes without needing a full trial.

You can sue for up to $20,000 in small claims court. This limit includes attorney fees (if you have one), but doesn’t include court costs or interest. While you can ask the court to make the other party cover your court costs, don’t include those in the amount you're suing for—just make sure you clearly state that you’re requesting reimbursement.

Small claims cases follow specific rules, listed under Rules 500–507 of Part V of the Texas Rules of Civil Procedure. You’ll need to file your case in the county and precinct where the person or business you're using is located.

As the person filing the case (the plaintiff), it’s your responsibility to give the court the correct legal name and address of the person or business you’re suing. There are generally three ways a defendant might be listed:

1. Individual (Personal Responsibility): This is when you're suing someone directly for damages they caused.
2. Sole Proprietor or Partnership: This applies to a business that isn’t incorporated but is operating under an assumed name. For example: John Tate d.b.a. Mercantile Supplies. You can check with the county clerk (for example, at the Smith County Courthouse) to find out if someone has registered an assumed name.
3. Corporation: If the business is incorporated, you'll need to find out the name and address of the person authorized to receive legal papers on behalf of the company. You can get this information from the Texas Secretary of State by calling 1-512-463-5555.

What Can I File a Small Claims

Small Claims Court is designed to help regular people handle money-related problems without needing to hire a lawyer. It’s affordable, straightforward, and made for situations where someone owes you money, damages your property, or just didn’t hold up their end of a deal. If you’re looking for a fair way to resolve a dispute, this can be a great option. Here are some common reasons people go to Small Claims Court:

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 walked off the job halfway through. You can sue to recover the money you already paid or the extra cost of hiring someone else to finish the work.

Unpaid Debts

• What it means: You loaned someone money, and they haven’t paid you back—even after you reminded them.
• Example: Maybe you helped out a friend or roommate with a loan, and now they’re ghosting you. If they’re refusing to pay, Small Claims Court can help you pursue what you’re owed.

Property Damage or Personal Injury

• What it means: Someone damaged your belongings or injured you, and they won’t take responsibility.
• Example: Someone crashes into your parked car and refuses to pay for repairs. If you can’t resolve it directly, you can take them to court and ask for compensation.

Wrongful Possession of Property

• What it means: Someone has something that belongs to you and won’t return it.
• Example: You lent a neighbor your power drill, and now they won’t give it back—even after several polite requests. In court, you can ask for the tool to be returned or be compensated for its value.

What Can’t I File a Small Claims

While Small Claims Court is great for simple, money-related disputes, it can’t handle every kind of problem. If your case falls into one of the categories below, you’ll likely need to take it to a higher court:

Claims Over $20,000

• What this means:
  • If you're asking for more than $20,000 (not including court costs or interest), Small Claims Court isn’t an option. That includes one big claim or several smaller ones that add up to more than the limit.

Property Worth Over $20,000

• What this means:
  • If you're trying to recover something valuable—like a car or expensive equipment—and it’s worth more than $20,000, you’ll need to go to a higher court. Even if you're not asking for money, the court still looks at the item’s value.

Disputes Involving Real Estate or Land

• What this means:
  • Issues over who owns property, landlord-tenant disagreements, or anything involving land rights are too complex for Small Claims Court. These need to be handled in civil or district court.

Defamation, Libel, or Slander

• What this means:
  • If someone damaged your reputation by spreading false information about you (in writing or verbally), that's a defamation case. These usually involve bigger legal questions and more money, so they don’t qualify for Small Claims.

Cases Asking for Actions, Not Money

• What this means:
  • The Small Claims Court can only award money. It cannot force someone to do something—or stop doing something. So it won’t handle cases where you're asking the court to:
    • Make someone complete a job
    • Force someone to return your property
    • Stop a neighbor from bothering you
    • Order someone to fix something or trim a tree

Small Claims Case Fees:

When filing a case in Small Claims Court, here’s what you can expect to pay:

• Filing Fee: $54
• Constable (Service) Fee: $70
• Total (Filing + Constable): $124
• Additional Service Fee (if applicable): $90
  • Note: This may apply if the constable is unable to serve the defendant and a different method is needed.

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

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

Statute of Limitations

Common Filing Deadlines in Texas

• When you're thinking about filing a case, timing is everything. Texas law gives you a limited window to take legal action. Here are some of the most common deadlines:

Breach of Contract

• Deadline: 4 years from the date the contract was broken
• Tip: Some written contracts may have their own shorter deadlines written in, so be sure to read the fine print.

Property Damage or Personal Injury

• Deadline: 2 years from the date of the incident
• Covers: Situations like car accidents, physical injuries, or damage to your belongings

Not Sure if You’re Still Within the Time Limit?

• If you're unsure whether your deadline has passed, don’t guess—talk to a lawyer or contact a local legal aid group. They can help you figure it out before it’s too late.

Why This Matters

• Missing the filing deadline means you lose your right to take your case to court—forever. There's no second chance. So always check the timeline before moving forward, and don’t delay if you think you have a valid claim.

Where Do I File

Choosing the Right Justice Court in Texas

One of the most important steps when filing a small claims case is picking the right Justice Court. Filing in the wrong one can waste your time, cost you extra money, and delay your case—so it’s worth getting it right from the start.

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 person you’re suing (the defendant) can ask for the case to be transferred to the correct one. That can lead to:

• Extra costs – You might have to pay a second filing fee
• Delays – Your case could be pushed back weeks or even months

How to Find the Right Court (a.k.a. the Proper Venue)

Here’s how to decide which Justice Court is the right one for your case:

• Where the Defendant Lives
  • File in the county and precinct where the person or business you’re using is located.
• Where the Contract Was Supposed to Be Completed
  • If you're suing over a broken agreement, file where the work was supposed to happen.
• Where the Damage or Injury Happened
  • If the case involves an accident, injury, or property damage, file in the location where it occurred.
• Where the Property Is Located
  • If you’re trying to recover something specific—like tools, equipment, or furniture—file where the item is located.

Bottom Line

• Filing in the correct court helps your case move forward without delays or extra costs. If you're unsure which Justice Court to use, contact the local Justice of the Peace or ask a legal aid organization for help.

How Do I File

Filing a small claims case might seem intimidating at first, but it’s actually a straightforward process. Here’s how to do it:

1. Fill Out a Petition
   • This is the official form that starts your case. You’ll need to 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 asking for
     • Your contact information
   • Tip: Most Justice Courts provide blank petition forms at the courthouse or on their website.
   • Important: If you’re suing a doctor for medical malpractice, stop here and talk to a lawyer. These cases follow special rules and have strict deadlines.
2. Pay the Filing Fee
   • The filing fee is usually around $54, but it can vary depending on your county. Check with your local Justice Court or look on their website to confirm the exact amount.
3. Serve the Defendant
   • After you file your petition, the court will prepare a citation. This is a formal notice to the person you’re suing, letting them know about the case. You are not allowed to deliver 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 of delivering the citation. The fee can vary based on:
     • Who delivers it
     • Where the defendant is located
   • Example: If the person you’re suing lives in a different county, the service fee might be higher.
   • Tip: Contact your local Justice Court to find out the exact service fee for your case.
5. Get Reimbursed If You Win
   • If you win your case, the court may order the defendant to pay:
     • The amount you sued for
     • Your filing fee
     • Your service fee
   • So in the end, you could recover more than just the original money you lost.

Can’t Afford to File

If paying court fees is a financial burden, Texas courts allow you to request a fee waiver. This means you could move forward with your case without having to pay the filing or service fees upfront. Here’s how to apply for one:

1. Fill Out a “Statement of Inability to Afford Payment of Court Costs”
   • This form lets the court know you can’t afford the required fees.
   • You can ask the court clerk for the form—they are required to provide it to you if you ask.
   • Many courts also post the form on their website, so you can download and print it at home.
2. Swear That Everything Is True
   • When you sign the form, you're doing so under oath, meaning you’re legally confirming that all the information is truthful and accurate.
   • Important: Falsifying this form is illegal and can have serious consequences. Always provide honest and complete information.
3. Fill Out the Form Completely and Carefully
   • The more detailed you are, the better your chances of getting the fee waiver approved. Be sure to include:
     • Your income (monthly or yearly)
     • Your monthly expenses (like rent, utilities, groceries, transportation)
     • Anyone you support financially (such as children, elderly relatives)
     • Any public benefits you receive (e.g., SNAP, Medicaid, SSI, or housing assistance)
   • Tip: Don’t skip sections unless they truly don’t apply to you.
   • The more complete and honest your form is, the better the court will be able to decide if you qualify for a waiver.

Do I Need a Lawyer?

Small Claims Court is designed to be simple and accessible, so many people choose to handle their cases on their own without a lawyer. However, if you’d feel more comfortable having legal support, you’re absolutely allowed to hire an attorney.

If You Choose to Represent Yourself

It’s totally possible to manage your own small claims case successfully. While you’ll be the one speaking in court, there’s still plenty of help available to guide you through the process:

• Filling Out Forms: You can ask a trusted friend, family member, or a legal aid group for help with the paperwork.
• Understanding the Process: Feel free to ask questions at any point to make sure you understand what’s coming next in your case.
• Emotional Support: It’s perfectly fine to have someone with you in court for moral support. Having someone by your side can help make the process feel less intimidating.

One Important Rule

Only you can represent yourself in court. This means:

• Friends and family cannot speak for you.
• They can’t present your case.
• They can’t interact with the judge on your behalf.

They’re welcome to be there to support you, but ultimately, the case is yours to present.

After File a Small Claims

Once your case is filed, there are a few important steps to follow. Some are your responsibility, and others involve the court or the person you're suing (the defendant). Here's what to expect:

1. Keep Your Address Up to Date Make sure the court and the defendant have your current mailing address. This is how you'll receive updates about court dates or other important documents. If you move or your contact information changes, notify the court immediately.
2. The Court Issues a Citation After your case is filed, the court will prepare a citation—an official notice telling the defendant they are being sued. This document will also include a deadline for them to respond.
3. Serving the Citation You are responsible for making sure the citation and a copy of your petition are delivered to the defendant. There are a few ways to do this:
   • Constable or Sheriff: For a fee, local law enforcement can serve the papers for you.
   • Private Process Server: You can hire a certified professional to deliver the documents.
   • By Mail: In some cases, you can use certified mail with restricted delivery and return receipt.

Can’t afford the service fee? You can ask the court for a fee waiver by filling out a Statement of Inability to Afford Payment of Court Costs. 4. Defendant’s Response Once the defendant is served, they have 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.

If There’s a Pretrial Hearing:

• A pretrial hearing is a short, informal meeting before the trial. The judge may use this session to clarify any issues or even encourage both sides to settle.

What You Can Do Before the Pretrial Hearing:

• Request an interpreter if you need help understanding the language used in the court proceedings.
• Request subpoenas if you want to ensure witnesses appear to testify on your behalf.

What to Do If the Defendant Doesn’t Respond

If the person or business you’re suing doesn’t respond to the lawsuit within 14 days of being served, you might be able to win your case without them ever showing up. Here's how to proceed:

Step 1: Request a Default Judgment Hearing

• You’ll need to ask the court to schedule a hearing where you can present your case. At this hearing, you’ll explain:
  • Why you’re owed money or property.
  • Any evidence you have to support your claim, such as receipts, contracts, or photos.
• If the judge agrees with your case and sees that the defendant hasn’t responded, they may issue a judgment in your favor—even if the defendant never shows up.

Step 2: Provide the Defendant’s Last Known Address

• When you request a default judgment, you’ll need to give the court the defendant’s last known address in writing. This ensures the court can verify that all legal procedures were followed before issuing a judgment.

Step 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. You’ll need to 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 know, explain why you can't confirm it.

Need Help Verifying Military Status?

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

Discovery

Discovery is the process of exchanging important information and documents before a trial. It helps both sides understand what to expect, ensuring fairness in the case. However, in small claims court, discovery doesn’t automatically happen—you’ll need the judge's approval to request it.

How to Start the Discovery Process

If you want to request discovery (documents or information from the other party), here’s what you need to do:

1. File a Motion for Discovery with the court.
2. In your motion, explain:
   • What specific documents or information you want.
   • Why this information is necessary for your case.

The judge will review your request and decide whether it’s fair, reasonable, and essential to your case.

What the Judge Will Allow

Judges will only approve discovery requests that meet certain criteria:

• Clear and Specific: Your request must be focused and not vague.
• Directly Related to Your Case: The information you're asking for should be closely connected to the issue you're trying to resolve.
• Reasonably Necessary: The request must be useful for preparing your argument.
• Examples of Discovery Requests:
  • Reasonable Request: Asking for emails related to a contract dispute.
  • Unreasonable Request: Asking for every email the other party has sent in the past three years without linking it directly to your case.

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

If the court grants the other party’s request for discovery and asks you to provide information:

• You must respond to the request.
• If you believe the request is too broad, irrelevant, or unfair, you can file an objection and ask the judge to review it. The judge might schedule a hearing to decide if you must provide the information.

Why Discovery Is Important

Discovery can significantly impact the outcome of your case. Whether you’re the one requesting it or responding to it, here’s why it matters:

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

Discovery helps ensure that both sides are prepared and that the trial is fair. So, take it seriously and make sure you follow the proper procedures.

How to Deliver Paperwork to the Defendant

Whenever you file any legal documents—such as motions, evidence, or other paperwork—it's crucial that both the court and the defendant get copies. To make sure everything goes smoothly, you need to prove that the defendant received the documents. Here are the approved ways to deliver them:

Approved Delivery Methods

1. In Person:
   • You can hand the documents directly to the defendant yourself. This is a simple and direct way to ensure delivery.
2. Certified or Registered Mail:
   • Mail the documents using certified or registered mail. This method provides proof of delivery and records the date the documents were received. The receipt will be your evidence.
3. Delivery Services (FedEx, UPS, etc.):
   • Use a tracked delivery service like FedEx or UPS. These services offer delivery confirmation, so you can show that the defendant got the documents.
4. Fax:
   • If the defendant has a fax number, you can send the documents via fax. Just remember to keep the fax confirmation as proof of delivery.
5. Email:
   • You can email the documents if:
     • The defendant has provided you with their email address.
     • The defendant has agreed in writing to receive legal documents by email.
   • Important: Ensure that you have clear proof of this agreement.

Always Provide Proof of Delivery

No matter which method you use, you must also provide proof of delivery to the court. Your proof should include the following details: - How the documents were delivered (e.g., in person, by mail, fax, etc.). - When the documents were delivered (exact date). - Who received the documents (e.g., the defendant’s name or confirmation).

Without this proof, the court may not accept your documents, which could cause delays in your case. So always make sure you can show that the defendant got the documents.

Reach an Agreement

Sometimes, both parties might decide that settling the case outside of a full trial is the best option. Settlement can save time, money, and stress, and the court can still make the agreement official. Here’s what you need to know if you’re considering a settlement:

Court Judgment Based on Your Settlement

• If both you and the defendant agree to a settlement, the court can enter a judgment that reflects the terms of your agreement. This means:
  • The court officially acknowledges your settlement.
  • The settlement becomes legally binding and enforceable.
• However, there are some limits to what the court can enforce:

What the Court Cannot Enforce

• The court cannot enforce specific details related to the payment process, including:
  • Payment plans
  • Deadlines for payments
  • Installment schedules
• If your settlement involves these details, you need to take additional steps to ensure that both parties honor the agreement.

Put the Settlement in Writing

• To avoid confusion and ensure that both parties are clear on what’s expected, it’s crucial to put the settlement in writing. This is especially important if the settlement includes:
  • A payment schedule
  • Deadlines for completing certain actions
  • Conditions both sides need to meet
• Steps to Take:
  1. Create a written contract that clearly outlines the settlement terms.
  2. *Both parties should sign it. Each party should keep a signed copy of the agreement.
• This written contract will supplement the court’s judgment, and while the court won’t enforce payment schedules, it offers you legal protection if anything goes wrong.

What to Do If the Defendant Doesn’t Follow Through

• If the defendant doesn’t meet the terms of the settlement, such as missing a payment or not fulfilling their obligations, you have the right to:
  • File a new lawsuit for breach of contract.
  • Use the signed settlement agreement as evidence that they didn’t follow through with their obligations.
• Having the settlement terms in writing is crucial. It ensures clarity for both parties and provides you with legal recourse if the defendant doesn’t honor the agreement. By following these steps, you can make sure that your settlement is clear, enforceable, and legally protected.

Requesting a Jury Trial

1. Submit a Written Request
   • Notify the court in writing that you want a jury trial.
   • This request needs to be formal and clear that you’re asking for a jury.
2. File the Request at Least 14 Days Before the Trial
   • Deadline: Your request must be filed at least 14 days before your trial date.
   • If you miss this deadline, your case will automatically be decided by a judge, not a jury.
3. Pay the $22 Jury Fee
   • Along with the written request, you must pay a $22 jury fee.
   • Important: Without this payment, your jury request won’t be processed.

What Happens If No One Requests a Jury Trial?

• If neither the plaintiff nor the defendant requests a jury trial, the case will proceed as a bench trial—meaning the judge alone will make the decision.

Preparing for Your Trial

• Once your trial date is set, you’ll receive a trial notice from the court at least 45 days in advance, giving you ample time to prepare. Here’s what you should do before the hearing:
  1. Organize Your Evidence
     • Gather all necessary documents, such as receipts, contracts, photos, or other proof that supports your case.
     • Make sure everything is labeled clearly and easy to present.
  2. Prepare Your Witnesses
     • If you have witnesses who will testify on your behalf, confirm their availability and ensure they know the trial date and time.
  3. Get Ready for the Hearing
     • Review your arguments and notes before the trial.
     • Having a clear understanding of what you want to present will help you stay focused and organized during the hearing.

What If You Need More Time?

Sometimes, unexpected situations arise, and you might need to postpone your trial. Here’s how to request a postponement (also known as a continuance):

1. Submit a Written Request to the Court
   • Write to the court explaining why you need to reschedule. Be clear and concise.
2. Provide Supporting Documents
   • If your reason for needing a postponement is due to illness, travel plans, or another serious matter, include proof (e.g., a doctor’s note, travel confirmation).

Important Reminder:

• Never miss your trial without getting approval for a continuance. If you skip the trial without an approved postponement, the court may dismiss your case, and you might lose the opportunity to pursue your claim.
• Always inform the court as soon as possible if you need to reschedule, and allow them enough time to review your request.

Trial

1. Jury Selection (If Applicable)
   • What Happens: If either party has requested a jury trial, the trial begins with jury selection (known as voir dire).
   • Purpose: The goal is to ensure that the selected jurors are fair and unbiased.
   • Process: Both sides will ask potential jurors questions to identify any biases or conflicts of interest. You’ll want to ensure that the jury can evaluate the case impartially.
2. Opening Statements
   • What Happens: Both parties (or just the plaintiff in a bench trial) give opening statements.
   • Purpose:* The opening statement allows you to introduce your case, outline the evidence you’ll present, and explain why you believe you should win.
   • Tip: Keep your opening statement brief, clear, and focused—you’ll provide more details as the trial progresses.
3. Presenting Your Case
   • What Happens: This is the part where you present your side of the story.
     • You’ll call witnesses to testify on your behalf.
     • You’ll introduce evidence (documents, receipts, contracts, photos, etc.).
   • Cross-examination: After you present your witnesses, the defendant will have the opportunity to cross-examine them, challenging their testimony with questions.
4. Your Testimony and Evidence
   • What Happens: You have the right to testify on your own behalf.
     • Bring all relevant evidence: contracts, receipts, photos, emails, etc.
   • Tip: Stay organized and be ready to present your evidence quickly and clearly when needed.
5. The Defendant Presents Their Case
   • What Happens: After you present your case, the defendant will get the chance to present their side.
     • They’ll call their own witnesses* and introduce evidence.
     • You’ll be able to cross-examine their witnesses to challenge their testimony.
   • Tip: Stay calm and respectful throughout this phase, even if the defendant’s case seems frustrating or unfair.
6. Closing Arguments
   • What Happens: After all evidence has been presented, both sides will give their closing arguments.
     • Summarize the key points of your case.
     • Emphasize your strongest evidence.
     • Explain to the judge or jury why the court should rule in your favor.
7. The Decision
   • Jury Trial: The jury will deliberate privately and return with a verdict.
   • Bench Trial: The judge will deliberate and make the decision themselves.
     • Decision Announcement: The decision is usually announced in court, and you will receive a written judgment after the trial.

Trial Day Tips:

• Bring Everything:* Ensure that you have all your evidence and any witnesses with you.
• Speak Clearly: Stay focused on the facts and avoid emotional arguments or straying off-topic.
• Stay Honest and Well-Prepared: Being truthful and organized will make a huge difference in how the court views your case.

What to Do If the Judgment Is Not in Your Favor

If you feel that something went wrong during your small claims trial or that the outcome was unfair, you have two options to seek a different result. Here’s a breakdown of your choices:

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

If you believe that a legal error or procedural mistake affected the outcome of your case, you can request a new trial from the same court. This is done by filing a Motion for a New Trial.

• Important Details:
  • Deadline: You must file the motion within 14 days after the judgment is issued.
  • How to File:
    1. Write a motion explaining what went wrong during the trial (e.g., incorrect application of the law or procedural errors).
    2. Submit the motion to the court and send a copy to the defendant within one day of filing.
  • Fee: The filing fee for the motion 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 your case to be heard again from the beginning, you can file an appeal. An appeal sends your case to a county court for a new trial (called a de novo trial).
• Important Details:
  • Deadline: You must file the appeal within 21 days of the judgment.
    • If you filed a Motion for a New Trial and it was denied, the 21-day period starts from the date of the denial.
  • Effect: When you appeal, the judgment from the small claims court is set aside, and your case will start fresh in county court.
• How to File an Appeal:
  1. Post a $500 appeal bond (backed by a third party, known as a surety), or
  2. Make a $500 cash deposit with the court, or
  3. Submit a Statement of Inability to Afford Payment of Court Costs if you can’t afford the bond or deposit.
  • You will also 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: You can file this within 14 days to request another trial in the same court if there was a legal mistake or procedural error during the original trial.
• Appeal: If you want a completely new trial in county court, you can file an appeal within 21 days. Be prepared for additional fees and a deposit requirement.

Win a Small Claim Case

After winning your small claims case, collecting the judgment may not always be straightforward, especially if the defendant doesn't pay voluntarily. Fortunately, there are several legal methods you can use to enforce the judgment and pursue the money you're owed. Here's a breakdown of the main options:

1. Post-Judgment Discovery
   • What It Is:
     • Post-judgment discovery allows you to ask the defendant detailed questions about their financial situation, including their income, bank accounts, and other assets. The goal is to determine whether they have the means to pay the judgment.
   • How It Works:
     • You can request this information directly from the defendant.
     • They must respond within 30 days of your request.
     • You don’t need the judge's approval to start this process.
   • Why It's Useful:
     • This tool helps you locate the defendant's assets, which allows you to 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. This filing creates a lien on their property.
   • How It Helps:
     • If the defendant tries to sell their property, the lien ensures that they must pay the debt from the sale proceeds.
     • This can be a good way to collect 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, the lien will be placed on their real estate.
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 valuable items like jewelry, electronics, or vehicles) to satisfy the judgment.
   • Limitations:
     • Certain items, like basic household goods or tools necessary for work, are exempt from seizure.
   • How to Request:
     • You must file an application for a writ of execution with the court at least 30 days after the judgment.
     • Once granted, law enforcement will execute the writ by seizing 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, such as a bank. This is often used to garnish the defendant's bank account directly.
   • How to Request:
     • You must 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 the bank or other assets that can be garnished).
   • Important Considerations:
     • Be cautious: If the third party (like a bank) does not have the defendant’s assets, you might be responsible for the third party’s legal fees.
     • Only pursue garnishment if you're confident the defendant has assets that can be seized, as there are legal costs involved.

Final Thoughts:

• Post-Judgment Discovery: Helps you find the defendant's assets so you can strategically collect.
• Abstract of Judgment: A lien on real property, useful if the defendant owns real estate.
• Writ of Execution and Garnishment: Effective but involve extra legal steps, so make sure to plan accordingly.

Be Strategic:

• Enforcing a judgment can take time, patience, and persistence. While these methods provide clear options for collecting what you’re owed, it’s essential to stay organized, be strategic, and be prepared for any additional costs or legal steps involved. With the right approach, you can increase your chances of successfully collecting the judgment.

Courthouse Location:

Smith County Courthouse Annex

200 E Ferguson St.
Tyler, TX 75702
(903) 590-4670
https://www.smith-county.com/government/courts/justice-of-the-peace-courts/civil-jp-cases/small-claims

BUILDING HOURS

• Monday – Friday 8:00 AM-4:45 PM, except court holidays

CITIES SERVED

• Tyler
• Whitehouse
• Lindale
• Bullard
• Hideaway
• Troup
• Arp
• Noonday
• Winona
• New Chapel Hill

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