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SMALL CLAIMS and JUSTICE CIVIL COURT occur in the same court room, are presided over by the same judge, have the same limits ($10,000) and are, in fact VERY different

SMALL CLAIMS and JUSTICE CIVIL COURT occur in the same court room, are presided over by the same judge, have the same limits ($10,000) and are, in fact VERY different.


SMALL CLAIMS is a court where you sue for money damages ONLY. The rules for this court are mainly found in the Government Code Sections 27.031(a) and 28.003 (a) and are considered less formal than other courts. [to see Texas Government Code on line, click here].

Discovery rules are very limited and the judge may develop the case by asking questions. Lawyers are not required at trial by either party to a suit. Entities that primarily loan money, collection agencies or are the assignee of a claim are excluded from Small Claims. No judgment in Small Claims can require the return of property or make any other ruling except an award of MONEY.


JUSTICE CIVIL COURTS are governed mainly by the Rules of Civil Procedure Sections 523-591 and 738-751 with many more additions from the Texas Property Code and Texas Civil Practice and Remedy Code among others. Discovery rules (requiring parties to produce documents or knowledge under their control) are often not used or tend to be informal but may be required under Rules 190.2 or 190.3.


Judgments in JUSTICE CIVIL COURTS are likely to be for the return of property, personal injury, landlord-tenant disputes, performance under a contract, damages sought by the assignee of a claim, debt collector or strictly monetary. Attorneys are not REQUIRED but only the parties or their attorney may ask witnesses questions to develop the case so often lawyers are involved.


While SMALL CLAIMS and JUSTICE CIVIL COURTS have distinct differences they have similarities. Anyone may have a jury trial or bench trial in either court and appeal of either is to the Kerr County Court at Law de novo, which means having a new trial as if none had occurred.


Basically, SMALL CLAIMS has been created for ordinary people to have simple, speedy and inexpensive remedies without the formality of other courts while JUSTICE COURTS allows a wider range of conclusions through more formalized procedures.


The following forms in this section may or may not be best for your needs. You are welcome to download for your use. If you need legal advice, you should seek an attorney you are comfortable with. If you do not have an attorney, you are welcome to use this link. [Texas Bar Association].


No judge or clerk of any court can ethically talk to you about any case that is pending or could be pending in their court. Please do not ask for legal advice.



1. Lawsuits begin by filing a “Petition” or “Complaint” with the Court.


Copies of three commonly used forms are included in this section. These forms are very general and may or may not be the best for your situation. If you need legal advice you should seek advice from your attorney or contact the State Bar of Texas for referral services.

There is an excellent booklet published by State Bar of Texas , “How to Sue in Small Claims Court”. It should be a good guide.


2. When a lawsuit is filed, it is a “Petition” is prepared by the “Plaintiff” and given to the Court Clerk. Some Petitions must be “Sworn” by giving an oath at the time of (in front of the Clerk) or prior to filing (in front of a Notary Public). Some Petitions do not require the Petition to be sworn.

Fees are charged to prepare the citation and pay some costs required by the State of Texas. Small Claims filing fees total $32.00. Justice Civil Court filing fees are $32.00 and Eviction Suits filing fees are $27.00.


3. A Citation is prepared by the Court Clerk to notify the “Defendant” they have been sued. There are very strict rules about how a Defendant is notified. Usually the Constable, Deputy Constable or Deputy Sheriff personally hands the Defendant the citation and copy of the Plaintiff’s petition. As you might have guessed, there is a fee charged for this. The amount of the fee depends on who delivers the citation and what county the Defendant is served in. Each county charges fees for service of citations that is approved by the Commissioner’s Court of that county. In Kerr County, the fee is $65.00 for most suits. In order for a Defendant to be served this citation, the Plaintiff, when filing the suit, must provide a good street address where the Defendant may be found.


4. In most suits, the Defendant must “answer” or respond to the notice of being sued in Small Claims or Justice Civil Court on, or before, the Monday that follows ten days AFTER being served the papers. In Justice of the Peace, Precinct Four, Kerr County, the answer will be by filing a written answer with the Court Clerk. The timing is an odd process but it works very well.


5. Once the Defendant has “Answered” by filing the answer with the Court and supplying the Plaintiff with a copy, the case will be placed on the schedule (or Docket) for hearing or whatever appropriate activity follows.


6. Judges and their Clerks or secretaries just aren’t allowed to talk about a case whether the case is ongoing or may sometime be filed. Ex Parte, talking to one side of a suit without the other present, is unethical and improper and can cause all kinds of trouble. If you are contemplating civil action, do not call and ask for advice. We just cannot do it - nor will we.



If you have been sued and you don’t know what to do, you should likely contact an attorney and get some legal advice. No one at In Justice of the Peace, Precinct Four, Kerr County, Texas, is allowed to give you any legal advice EXCEPT that you should contact an attorney.


Giving one person, or party to a lawsuit, advice while the other side is not there is improper Ex Parte communication, and forbidden by Cannon 6 of the Code of Judicial Conduct.


In Justice of the Peace, Precinct Four, Kerr County, Texas, all answers to lawsuits will be in writing (Small Claims, Justice Civil or Evictions). The answer, in most but not all suits, is required by the Monday next following ten (10) days from the date you were served the citation notifying you of the lawsuit. Pay attention to the directions on the Citation. If you fail to follow directions you may lose the case by Default.


Answering a lawsuit is critical and if you do not know how it is likely you are over your head already. You may represent yourself without an attorney, especially in Small Claims, but you may be in legal peril by not seeking competent legal advice. Some answers are required to be sworn to in front of the Clerk or in front of a Notary Public. Other answers may be filed without swearing to the contents or intent.


Once you have filed an answer with the Court you should send a copy to the Plaintiff. Especially in Justice Civil Court, the way someone answers a lawsuit is critical. You may need advice.


Usually, no fees are required for simply answering a civil lawsuit. If you file an answer that includes cross- actions or counter- suits some fees may be required. These answers are complicated and usually require legal advice or assistance.


Evictions may be complicated suits with critical deadlines. If you fail to perform a required action within the time required by law, you may lose by Default or be evicted immediately. You may see most of the laws concerning landlord and tenant disputes by viewing them online at Texas Statutes a service provided on the internet by the Texas Legislature. Look at the Texas Property Code then know there are certain rules that apply to evictions in the “Texas Rules of Court”. You may find a copy at the Public Library. Make sure the volume you are studying is current.


In Justice of the Peace, Precinct Four, Kerr County, Texas, we do not supply forms for answering lawsuits as the answers.






Justice of the Peace, Precinct Four, Kerr County, Texas



APPEALS


In Texas Justice of the Peace courts, all appeals are to the Constitutional County Court or County Court at Law, if the county has one.


A person appeals when they (the Appellant) have delivered an Appeal Bond that is:

In the amount ordered by the trial court

Signed by the Appellant

Signed by the number of sureties required

Approvable by the court


If there is no bond the court has approved, there is no appeal.


Appeals from Justice of the Peace Courts (Criminal) are to be made within ten days of the judgment.


Appeals from MOST civil cases, including Small Claims are to be made within ten days of the judgment being signed.


Appeals from Eviction Cases must be made within five (5) days.


All appeal trials are De Novo or as if the first trial never took place.


There is an appeal form provided for each of the courts in this section.


















CAUSE NO. ___________


THE STATE OF TEXAS JUSTICE OF THE PEACE

VS. PRECINCT FOUR

___________________________ KERR COUNTY, TEXAS


APPEAL BOND


WHEREAS, in the above styled and numbered cause in the Justice of the Peace Court, Pct. Four, of Kerr County, Texas, the defendant _______________________, was on ___________________, 20___, convicted on a complaint charging _________________________________ a misdemeanor, and punishment assessed at a fine of $_________, and a judgment rendered in favor of the State of Texas and against the defendant in the sum of $__________ from which judgment the Defendant has appealed to the County Court of Kerr County, Texas.


WE, ____________ as principal, and _____________________ and ________________________ as sureties, do hereby acknowledge ourselves jointly and severally bound unto the State of Texas in the penal sum of $___________ plus costs, for the payment of which well and truly to be made, we bind ourselves, our heirs and legal representatives, conditioned that the said Defendant shall well and truly make his/her personal appearance before the said County Court at Law of Kerr County, Texas, now in session in the City of Kerrville, Kerr County, Texas, INSTANTER, at the present term of said Court and there remain from day to day and term to term until duly discharged by law, then this obligation to be null and void, otherwise in full force and effect.


WITNESS OUR HANDS at _______________, Texas this the _____ day of ___________________, 20___.

_______________________________ Defendant’s Signature

1._______________________________

Surety Name

_________________________________________________________

Address

_________________________________________________________

City, State, Zip

2._______________________________

Surety Name

_________________________________________________________

Address

_________________________________________________________

City, State, Zip


APPROVED this _______ day of ___________________, 2002.


_____________________________________

Justice of the Peace, Pct. 4

Kerr County, Texas






CAUSE NO. __________________


THE STATE OF TEXAS JUSTICE OF THE PEACE

VS. PRECINCT FOUR

________________________ KERR COUNTY, TEXAS




APPEAL BOND WITH CASH IN LIEU OF SURETY


WHEREAS, in the above styled and numbered cause in the Justice of the Peace Court, Pct. Four, of Kerr County, Texas, the defendant, _______________________, was on ___________________, 20___, convicted on a complaint charging: ________________________________, a misdemeanor, and punishment assessed at a fine of $_________, and a judgment rendered in favor of the State of Texas and against the defendant in the sum of $__________ from which judgment the defendant has appealed to the County Court of Kerr County, Texas.


WE, _________________________________________, as principal, and ______N/A__________ and _____N/A_____________ as sureties, do hereby acknowledge ourselves jointly and severally bound unto the State of Texas in the penal sum of $____________ plus costs, for the payment of which well and truly to be made, we bind ourselves, our heirs and legal representatives, conditioned that the said defendant shall well and truly make his/her personal appearance before the said County Court at Law of Kerr County, Texas, now in session in the City of Kerrville, Kerr County, Texas, INSTANTER, at the present term of said Court and there remain from day to day and term to term until duly discharged by law, then this obligation to be null and void, otherwise in full force and effect.


WITNESS OUR HANDS at ___________________________, Texas this the _____ day of _________, 2002.


X_____________________________

Defendant’s Signature



APPROVED this _______ day of ___________________, 2002



_____________________________________

Justice of the Peace, Pct. 4

Kerr County, Texas


(rev 6/00)











CAUSE NO. ______________


___________________________ IN JUSTICE COURT

Plaintiff

PRECINCT FOUR

VS.

KERR COUNTY, TEXAS

___________________________

Defendant

APPEAL BOND


WHEREAS, ____________________________________________, Plaintiff, recovered a Judgment against _________________________________, Defendant, on the _____ day of ___________, 20___, in the above-styled and numbered cause, before ________________________, the Justice of the Peace of Precinct 4, Kerr County, Texas for the sum of $________, plus costs of suit, from which Judgment Defendant desires to appeal to the County Court of Kerr County, Texas;


NOW, THEREFORE, we, ________________________________________, Defendant, as Principal, and ______________________________ and _____________________________, as sureties, ACKNOWLEDGE OURSELVES BOUND to pay to _____________________________________, Plaintiff, the appellee, the sum of $_________, being double the amount of said Judgment, conditioned that Defendant, the appellant, shall prosecute this appeal to effect, and shall pay off and satisfy the Judgment, if any, which may be affirmed against Defendant on appeal.


WITNESS our hands this the _____ day of ___________, 20___.


__________________________________

PRINCIPAL (DEFENDANT)


__________________________________ __________________________________

SURETY SURETY


APPROVED AND FILED this the ______ day of ________________, 20___.


__________________________________

JUSTICE OF THE PEACE, PCT. 4

KERR COUNTY, TEXAS


1. ____________________________________ 2. _______________________________________

Surety Name Surety Name

____________________________________ _______________________________________

Address Address

____________________________________ _______________________________________ City, State, Zip City, State, Zip

CAUSE NO. ______________


___________________________ IN SMALL CLAIMS COURT

Plaintiff

PRECINCT FOUR

VS.

KERR COUNTY, TEXAS

___________________________

Defendant


APPEAL BOND


WHEREAS, ____________________________________________, Plaintiff, recovered a Judgment against _________________________________, Defendant, on the _____ day of ___________, 20___, in the above-styled and numbered cause, before ________________________, the Justice of the Peace of Precinct 4, Kerr County, Texas for the sum of $________, plus costs of suit, from which Judgment Defendant desires to appeal to the County Court of Kerr County, Texas;


NOW, THEREFORE, we, ________________________________________, Defendant, as Principal, and ______________________________ and _____________________________, as sureties, ACKNOWLEDGE OURSELVES BOUND to pay to _____________________________________, Plaintiff, the appellee, the sum of $_________, being double the amount of said Judgment, conditioned that Defendant, the appellant, shall prosecute this appeal to effect, and shall pay off and satisfy the Judgment, if any, which may be affirmed against Defendant on appeal.


WITNESS our hands this the _____ day of ___________, 20___.


__________________________________

PRINCIPAL (DEFENDANT)


APPROVED AND FILED this the ______ day of ________________, 20___.


__________________________________

JUSTICE OF THE PEACE, PCT. 4

KERR COUNTY, TEXAS


1. ____________________________________ 2. _______________________________________

Surety Name Surety Name

____________________________________ _______________________________________

Address Address

____________________________________ _______________________________________ City, State, Zip City, State, Zip





CAUSE NO. ______________


___________________________ JUSTICE OF THE PEACE

Plaintiff PRECINCT FOUR

VS. KERR COUNTY, TEXAS

___________________________

Defendant


APPEAL BOND


WHEREAS, ____________________________________________, Plaintiff, recovered a Judgment against ________________________________________________________________________________, Defendant, on the _____ day of ___________, 20___, in the above-styled and numbered cause, before William E. Ragsdale, the Justice of the Peace of Precinct 4, Kerr County, Texas for the sum of $________, plus costs of suit, together with possession of the property described as: ___________________________, from which Judgment Defendant desires to appeal to the County Court of Kerr County, Texas;


NOW, THEREFORE, we, ________________________________________, Defendant, as Principal, and ______________________________ and _____________________________, as sureties, ACKNOWLEDGE OURSELVES BOUND to pay to _____________________________________, Plaintiff, the appellee, the sum of $_________, being double the amount of said Judgment, conditioned that Defendant, the appellant, shall prosecute this appeal to effect, and shall pay off and satisfy the Judgment, if any, which may be affirmed against Defendant on appeal.


WITNESS our hands this the _____ day of ___________, 20___.


__________________________________

PRINCIPAL (DEFENDANT)



APPROVED AND FILED this the ______ day of ________________, 20___.


__________________________________

JUSTICE OF THE PEACE, PCT. 4

KERR COUNTY, TEXAS


1. ____________________________________ 2. _______________________________________

Surety Name Surety Name

____________________________________ _______________________________________

Address Address

____________________________________ _______________________________________ City, State, Zip City, State, Zip


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