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Texas Small Claims Court Information

  • 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: $10,000.
  • Where To Sue: County where defendant resides. For contract suits, where performance is expected.
  • Service: By sheriff, constable, or court-approved disinterested adult (over 18 years of age). Service by certified or registered mail, along with notice by publication, by clerk of court.
  • 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, if amount in controversy exceeds $250; as provided by the rules governing Justice Courts.
  • Special Provisions: No equitable relief. Jury trial available if requested at least one day before trial.

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. 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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