Justice Court
Justice Court is a judicial forum to hear and decide civil cases involving claims for debt or damages not to exceed $10,000. In Justice Court you are expected to know and follow the laws and rules in the same manner as an attorney. Violations of the laws and rules may result in serious sanctions. The only communication you may have with the Judge presiding over the case is through formal pleadings and motions. You are strictly prohibited from having any contact with the Judge presiding over the case unless all parties and their attorneys are present. The Judge, Court Clerk, or Constable is prohibited from giving legal advice.
To begin a Justice Court Lawsuit a petition must be filed with the clerk keeping in mind the defendant has the right to be sued in the county and precinct in which he resides. At the time of filing you must swear under oath that this claim statement is true and pay the filing fee and service of citation fee.
The Defendant must be served a citation before the suit can commence. If the Defendant answers the suit, the court will notify both parties by mail of the trial date, or the case may be referred to the Dispute Resolution Center for mediation.
A copy of every pleading filed with the court must also be provided to the opposing party. Any request for continuance must be in proper written form and timely filed, Rule 541 T.R.C.P.
If the defendant does not answer, you may be eligible for a default judgment. A hearing may be set for the Plaintiff to prove up the amount that is due.
If you receive a judgment, after the time for appeal has past, instruments may be filed to assist in collection of judgment.
If the Defendant prevails, the Plaintiff will recover no money.
