DEBT CLAIM CASES
The Rules of Civil Procedure and Rules of Evidence DO NOT APPLY to DEBT
CASES unless specifically
references in Rules 500-508. For those filing DEBT
CLAIM cases, be aware that the 500-507 series of
rules can be located at the
link listed below. It is essential they be read if you are planning to file a DEBT
CLAIM case.
Link to New Rules of Civil Procedure:
http://brazoscountytx.gov/index.aspx?NID=136
The makers of the new rules indicated that they were written with specific
intent to eliminate "legal trap
doors" for pro se litigants. As an example, in a
situation where a case is filed as a suit on sworn account, and answer is filed
but not verified, the plaintiff can no longer seek a Judgment under Rule 93.
Note also that imbedded omission are no longer allowed and will be stricken,
and parties who continue
to file petitions with imbedded omissions after being
made aware of the changes in the law may face
sanctions. All discovery must
be approved by the court (SEE rule 500.9).
E
very Civil Suit must include these documents (included in this packet):
Sworn Petition for a Debt Claim Lawsuit
Service Members Civil Relief Affidavit
Certificate of Last Known Address
Civil Process Additional Information Sheet
THIS OFFICE MAY NOT GIVE ANY
LEGAL ADVICE
CAUSE NO. ___________________________
____________________________________________________________Plaintiff § IN THE JUSTICE COURT
VS. § PRECINCT ___ PLACE ___
____________________________________________________________Defendant(s) § BRAZOS COUNTY, TEXAS
SWORN PETITION FOR A DEBT CLAIM LAWSUIT
I hereby state that I am filing a Debt Claim lawsuit: A Debt Claim case is a lawsuit brought to recover a debt by an assignee of a claim, a debt
collector or collection agency, a financial institution, or a person or entity primarily engaged in the business of lending money at interest. The
claim can be for no more than $10,000.00, excluding statutory interest and court costs but including attorney fees, if any.
I, PLAINTIFF: ________________________________________________________________________________________________dba under
FIRM:_____________________________________________________________________________(individually, partnership, or corporation)
Whose address is:_______________________________________________________________________________________(street, city, ZIP).
Phone numbers :( home), _________________________(business),_______________________ (cell)_________________________________;
HEREINAFTER called Plaintiff, being duly sworn, on my oath say that:
DEFENDANT: ________________________________________________________________________________________________________
Whose address is: ______________________________________________________________________________________ (street, city, ZIP).
Employed by: __________________________________________________________________________________________ (street, city, ZIP)
Phone numbers: (home), ________________________ (business),_______________________(cell)__________________________________.
IS JUSTLY INDEBTED TO THE PLAINTIFF IN THE SUM OF:$ ___________ . ____ plus Court Costs.
CREDIT ACCOUNTS: Account Name or Credit Card Name: _______________________________ Account No. _________________________
Date of Issue or Origination of Account: _________________________ Date of Charge-off or Breach of Account: _____________________
PERSONAL/BUSINESS LOAN: Date & Original Loan Amount: _______________________ Repayment Accelerated: _____________________
Final payment of $ ________________________ Due Date:________________________ Effective Interest Rate: ____________________ %
ASSIGNED DEBT: Debt Claim Assigned or Transferred To: ____________________________________ Date: __________________________
Amount Owed as of Certain Date: ______________________________ Ongoing Interest: YES or NO. Amount: ________________________
SERVICE OF CITATION: Service is requested on Defendant(s) by personal service at home or work or by alternative service as allowed by the
Texas Justice Court Rules of Court. Other service of papers address/addresses (if knows) are:
____________________________________________________________________________________________________________________
REQUEST FOR JUDGMENT: Plaintiff prays that Defendant(s) be served with citation and that Plaintiff have judgment against Defendant(s) for:
the amount or items above, attorney’s fees, court costs, and interest on the above sums at the statutory rate for judgments.
I consent for
the answer and any other motions or pleadings to be sent to my email address which is: _________________________________________.
Date signed:_______________________________ ____________________________________________________
DEFENDANT(S) INFORMATION (if known): Plaintiff’s Signature
DATE OF BIRTH:_________________________________
*LAST 3 NUMBERS OF DRIVER LICENSE:______________
*LAST 3 NUMBERS OF SOCIAL SECURITY:_____________
DEFENDANT’S PHONE NUMBER:____________________
Sworn to and subscribed before me this ____ day of ________________, 20___. ________________________________________________
JP Debt Claim Petition. Rev.08/2013 CLERK OF THE JUSTICE COURT OR NOTARY
Ca
use No.
In the Justice Court, Precinct Two, County of Brazos, Texas
vs.
Plaintiff(s)
Defendant(s)
AFFIDAVIT OF MILITARY STATUS OF DEFENDANT(S)
Before me the undersigned notary or clerk of the justice court, on this day personally appeared the undersigned affiant whose identity
is known to me. After I administered an oath to such affiant, he or she upon oath and under penalty of perjury (fine and/or up to one
year in jail), stated the following:
M
y name is (please print) ______________________________________________________________________
I am (check one) the plaintiff or an authorized agent of the plaintiff in the case described at the top of this page.
I am capable of making this affidavit. The facts stated in the affidavit are within my personal knowledge and are true and
correct.
(
check or fill in as applicable)
1. No defendant in this case is on active duty in the U.S. military (Army, Navy, Air Force, Marines, or Coast Guard).
The facts on which I base my conclusion are as follows
:
____
____________________________________________________________________________________
___
____
_______________________________________________________________________________________
___________________________________________________________________________________________
2. Defendant [insert name(s)] is on active duty in the U.S. military.
3. Defendant [insert name(s)] has been deployed by the U.S. military to a
foreign country.
4. Plaintiff and the undersigned (if the undersi
gned is acting agent of plaintiff) are not able to determine whether any
defendant is with the U.S. military-except for any defendant named in paragraph 2 above.
5. P
laintiff and the undersigned (if the undersigned is acting as an agent of plaintiff) are not able to determine whether
any defendant who is in the U.S. military has been deployed to a foreign country-except for any defendant named in
paragraph 3 above.
6. Defendant [insert name(s)] has signed, while on active duty, a separate
written waiver or a written lease containing a waiver of his or her rights under the U.S. Servicemembers Civil Relief
Act of 2003.
____
____________________________________________
Signature of affiant
SWORN TO and SUBSCRIBED before me by on the day of
, 20_________.
________________________________________________
(check one)
Notary Public for the State of Texas or
Clerk of the Justice Court
Cause ________________________
__________________________ In the Justice Court
Plaintiff
Vs Precinct Two
__________________________
Defendant Brazos County, Texas
Certificate of Last Known Mailing Address
The undersigned, ___________________________, does hereby certify that the last
known address of Defendant, __________________________ , is as follows:
___________________________________
___________________________________
___________________________________
__________________________________
Signature
Sworn to and subscribed before me on the _____ day of ______________, 20_____.
___________________________________
Notary Public
Donald Lampo
Brazos County Constable Pct. 2
Civil Process Additional Information Cause #
In order to expedite service and for the safety of our Deputies, we ask that you answer the following questions to the
best of your ability.
1. Have you witnessed any “abnormal” behavior?
2. Have you known, or known of, the Respondent being violent with anyone?
3. Have you been verbally or physically assaulted by the Respondent?
4. Known of an occasion where the Respondent has, or brandishes a weapon of any kind?
(Please note if the weapon was a firearm, knife, or club or some other weapon.)
5. Does respondent have any dogs known to be aggressive?
6. Are you aware of any mental or emotional issues that the Respondent may have?
7. Are you aware of any police related calls regarding the Respondent?
8. Are there any other issues you think might be important for the Deputies to know?