Fillable Instructions and Information for Filing a Small Claims (Brazos County, Texas)

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Instructions and Information for Filing a Small Claims (Brazos County, Texas)

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Instructions and Information for Filing a Small Claims Suit
Please Read Carefully Before Completing the Petition
On September 1, 2013, a new set of Civil Rules took effect for Justice of the Peace courts across
Texas. A complete set of rules is available on my webpage on the Brazos County website
http://brazoscountytx.gov/index.aspx?NID=136. Once on the website, click the link that says
“NEW RULES”. Small claims cases are governed by the rules listed in Chapters 500~507. If
you do not have internet access, we have a copy of these rules in my office.
The am
ount of debt or damages for which you may sue in Small Claims Court may not exceed the
limit of the court, which is $10,000.00, excluding statutory interests and court costs, but including
attorney fees.
Every Civil Suit must include these documents (included in this packet):
• Sworn Petition for a Small Claims Lawsuit
• Service Members Civil Relief Affidavit
•
•
Certificate of Last Known Address
Civil Process Additional Information Sheet
FREQUENTLY ASKED QUESTIONS:
1. H
ow do I know whether I should file in SMALL CLAIMS?
Most cases filed in J.P. Courts after September 1, 2013 will be in SMALL CLAIMS court.
If the matter in controversy is NOT a debt collection case or a LANDLORD AND TENANT
issue.
2. Where do I file?
In all cases, the defendant (person being sued) has the right to be sued in the county or
precinct where they live. There are some exceptions or optional. If a lawsuit involved a
paint job at a house, the suit could be filed where the house is located. If the lawsuit
involved an auto accident, it could be filed in the county and precinct where the accident
took place. It is your responsibility to file in the correct precinct.
There could be additional costs and circumstances if you file in the wrong precinct.
3. Who do I sue?
It is your burden as a plaintiff to sue the defendant in their proper legal capacity, of which
there are typically three.
• Pe
rsonally: Where an individual is responsible to you for damages he may have
caused you as an individual.
• Pr
oprietor or Partnership: A business that is not incorporated, but does have on file
with the County Clerk an assumed name e.g. John Smith d.b.a. Greenhouse
Supplies. You may also file against the individual and his business, John Smith
and dba Greenhouse Supplies. To determine whether or not this person has filed
an assumed name, you would contact the County Clerk at the Brazos County
Courthouse.
• Corporation: The business which has allegedly caused you damage is incorporated
and therefore it is necessary to know the individual's name who is able to accept
service on behalf of the corporation. We also need the individual's address. (The
authorized agent for service would be listed with the Secretary of State whose
phone number is 1~512-463~5555) e.g. Greenhouse, Inc. Serve: John Smith
registered agent.
You are strongly urged to discuss your case with an attorney if you are suing a proprietor,
partnership, or corporation. You are responsible for suing the correct party in their correct
capacity.
4. How much will this cost me?
Effective September 1, 2013, the court cost for filing a civil suit with service by Constable
is $116.00. You may also hire a private process or attempt to have the suit served by
certified mail, return receipt requested. The certified mail option often is unsuccessful.
5. Wh
at happens after I file?
Once you have filed the petition stating the facts and circumstances of your suit, a citation
will be served to the defendant notifying him that a suit has been filed against him in this
court. The citation will order the defendant to answer this suit at the end of the 14
th
day
from the receipt of the citation. If he fails to do so, you then become eligible for a default
judgment up until the time an answer is filed.
If the defendant answers contesting your suit, a hearing will be set by Judge or jury, or
your case may be referred to mediation if the judge deems it proper.
If you have witnesses who will not come to court voluntarily, you may come in at least
one week prior to the trial and ask that a subpoena be prepared to secure their
presence. A cost is involved.
S
hould you receive judgment, the Court does not collect the judgment. However, you may
request an Abstract of Judgment and/or Writ of Execution to help you in collection of this
judgment. An Abstract of Judgment a relatively inexpensive option you can get once you
have a judgment and the time to appeal has passed. The Abstract creates a lien against
the party for ten years.
A Writ of Garnishment is also available 30 days after final judgment has been entered.
This Garnishment proceeding is a separate suit. You are strongly urged to contact an
attorney to file a Writ of Garnishment.
THIS COURT MAY NOT ANSWER ANY LEGAL QUESTIONS
CAUSE NO. ___________________________
____________________________________________________________Plaintiff § IN THE JUSTICE COURT
VS. § PRECINCT ___ PLACE ___
____________________________________________________________Defendant(s) § BRAZOS COUNTY, TEXAS
SWORN PETITION FOR A SMALL CLAIMS LAWSUIT
I hereby state that I am filing a Small Claims lawsuit: A Small Claims case is a lawsuit brought to recover money damages, civil penalties,
personal property or other relief allowed by law. The claim can be for no more than $10,000.00, excluding statutory interest and court costs
including attorney fees, if any.
I, PLAINTIFF: ________________________________________________________________________________________________dba under
FIRM:_____________________________________________________________________________(individually, partnership, or corporation)
Whose address is:_______________________________________________________________________________________(street, city, ZIP).
Phone numbers :( home), _________________________(business),_______________________ (cell)_________________________________;
HEREINAFTER called Plaintiff, being duly sworn, on my oath say that:
DEFENDANT: ________________________________________________________________________________________________________
Whose address is: ______________________________________________________________________________________ (street, city, ZIP).
Employed by: __________________________________________________________________________________________ (street, city, ZIP)
Phone numbers: (home), ________________________ (business),_______________________(cell)__________________________________.
IS JUSTLY INDEBTED TO THE PLAINTIFF IN THE SUM OF: _____________________________________________________($___________.____)
REASON FOR FILING THIS LAWSUIT (State the nature of the claim in concise form including all pertinent dates)
_____________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
□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 Rules of Civil Procedure. Other addresses where Defendant(s) may be served are: ________________________________________
_____________________________________________________________________________________________________________________
ATTORNEY'S FEES: Plaintiff
□will be or □will NOT be seeking applicable attorney's fees. Attorney's name, address, phone & fax numbers
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 under Civil Statutes
Article 5069-1.05.
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:____________________
Swor
n to and subscribed before me this ____ day of ________________, 20___. ________________________________________________
JP Small Claims Petition. Rev.01/2019 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?
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Instructions and Information for Filing a Small Claims (Brazos County, Texas)

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