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Texas Small Claims Court

Small Claims Guide
• What it is
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• State-by-state guide

Statues: Texas Government Code, Title 2, Subtitle A, Ch. 28, Sections 001-055; Texas Rules of Civil Procedure, Part V, Rules of Practice for Justice Courts, Rules 523 through 591.

Dollar Limit:: $5,000. Where To Sue: Where defendant resides. Contracts Where performance expected.

Service: Certified mail by clerk of court, sheriff, constable, or court-approved adult.

Hearing Date: Set by court.

Attorneys: Allowed.

Transfer: Defendant may file a written motion to transfer as provided by the rules governing Justice Courts.

Appeals: By either side for new trial; to County Court within 10 days.

Special Provisions: No equitable relief. Jury trial available if requested at least one day before trial. Right to sue may not be transferred. Collection agents and commercial lenders may not sue.

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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May 12 2008

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