CHAPTER 28. SMALL CLAIMS COURTS

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Texas > Government-code > Title-2-judicial-branch > Chapter-28-small-claims-courts

GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE A. COURTS

CHAPTER 28. SMALL CLAIMS COURTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 28.001. SMALL CLAIMS COURT. In each county, there is a

court of inferior jurisdiction known as the small claims court.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 28.002. JUDGE. Each justice of the peace sits as judge of

the small claims court and exercises the jurisdiction provided by

this chapter.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 28.003. JURISDICTION. (a) The small claims court has

concurrent jurisdiction with the justice court in actions by any

person for the recovery of money in which the amount involved,

exclusive of costs, does not exceed $10,000.

(b) An action may not be brought in small claims court by:

(1) an assignee of the claim or other person seeking to bring an

action on an assigned claim;

(2) a person primarily engaged in the business of lending money

at interest; or

(3) a collection agency or collection agent.

court.

(d) This section does not prevent a legal heir from bringing an

action on a claim or account otherwise within the jurisdiction of

the court.

(e) A corporation need not be represented by an attorney in

small claims court.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 745, Sec. 3, eff. June 20,

1987; Acts 1989, 71st Leg., ch. 501, Sec. 1, eff. Aug. 28, 1989;

Acts 1989, 71st Leg., ch. 802, Sec. 4, 5, eff. Sept. 1, 1989;

Acts 1991, 72nd Leg., ch. 776, Sec. 4, eff. Sept. 1, 1991.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

383, Sec. 3, eff. September 1, 2007.

Sec. 28.004. FEES. Fees in small claims court are, except as

provided by Subchapter E, Chapter 118, Local Government Code, the

same as those for cases in justice courts.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 974, Sec. 3, eff. Sept. 1,

1987; Acts 1989, 71st Leg., ch. 1, Sec. 19(b), eff. Aug. 28,

1989; Acts 1989, 71st Leg., ch. 2, Sec. 8.26, eff. Aug. 28, 1989.

Sec. 28.005. SUPPLIES. The commissioners court shall furnish to

the justices of the peace a reasonable number of blank forms,

docket books, and other supplies necessary for the small claims

court.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 28.006. SMALL CLAIMS COURT SEAL. (a) The commissioners

court shall furnish to each judge of a small claims court a seal

that has a star with five points in the center. The seal must

also have "Small Claims Court, __________ County, Texas" and any

applicable precinct number on it.

(b) The seal may be attached to all process other than subpoenas

issued out of the small claims court and may be used to

authenticate the official acts of the clerk and the judge of the

small claims court.

embosses or prints the seal.

Added by Acts 1991, 72nd Leg., ch. 747, Sec. 2, eff. Sept. 1,

1991.

SUBCHAPTER B. INSTITUTION OF CLAIM

Sec. 28.011. VENUE. An action in small claims court must be

brought in the county and precinct in which the defendant

resides, except that:

(1) an action on an obligation that the defendant has contracted

to perform in a certain county may be brought in that county; and

(2) an action for which venue is proper under Section 15.099,

Civil Practice and Remedies Code, may be brought as provided by

that section.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1985, 69th Leg., ch. 480, Sec. 25, eff. Sept. 1,

1985; Acts 1987, 70th Leg., ch. 148, Sec. 2.31, eff. Sept. 1,

1987.

Sec. 28.012. INSTITUTION OF ACTION. (a) To institute an action

in small claims court, the claimant, attorney for the claimant,

or authorized agent of the claimant must:

(1) appear before the judge or the clerk of the court and file a

statement of the claim under oath; or

(2) file a sworn statement of the claim with the judge or clerk

of the court.

(b) The statement must be in substantially the following form:

In the Small Claims Court of ________ County, Texas

A. B., Plaintiff

vs.

C. D., Defendant

State of Texas

County of ___________

A. B., whose post office address is ____________________(Street

and Number), ___________(City), ____________ County, Texas, being

duly sworn, on his oath deposes and says that C. D., whose post

office address is ____________________(Street and Number),

___________(City), _____________ County, Texas, is justly

indebted to him in the sum of _______ Dollars

and _______ Cents ($________), for

________________________________________________________________________________________________________________________________________________________________________________________________

(here the nature of the claim should be stated in concise form

and without technicality, including all pertinent dates), and

that there are no counterclaims existing in favor of the

defendant and against the plaintiff, except

___________________________________

______________________

Plaintiff

Subscribed and sworn to before me this ___day of ____, 19___.

_____________________

Judge

By:__________________

Clerk

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 745, Sec. 4, eff. June 20,

1987; Acts 1989, 71st Leg., ch. 802, Sec. 6, eff. Sept. 1, 1989.

Sec. 28.013. CITATION. (a) On filing the statement and payment

of the filing fee, the judge or clerk shall issue process in the

manner provided for a case in justice court.

(b) Citation is served by an officer of the state authorized to

serve other citations.

of citation in a district court, county court, or justice court.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1989, 71st Leg., ch. 802, Sec. 7, eff. Sept. 1,

1989.

Sec. 28.014. MOTION TO TRANSFER VENUE. The defendant may file a

written motion to transfer venue as provided by the rules

governing justice courts. The final ruling of the judge on the

plea is interlocutory and may be appealed only with an appeal of

the final judgment.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1989, 71st Leg., ch. 802, Sec. 8, eff. Sept. 1,

1989.

SUBCHAPTER C. HEARING

Sec. 28.031. FAILURE TO APPEAR. (a) If a defendant who has

been served with citation fails to appear at the time and place

specified in the citation, the judge shall enter a default

judgment for the plaintiff in the amount proved to be due. The

judge may set aside the default judgment if, not later than the

10th day after the default judgment is signed, the defendant

files with the court a written motion showing good cause for

setting aside the judgment.

(b) If the plaintiff does not appear, the judge may enter an

order dismissing the action without prejudice. The judge may set

the case for trial if, not later than the 10th day after the

judge dismisses the action, the plaintiff files with the court a

written motion showing good cause to set aside the dismissal.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1989, 71st Leg., ch. 802, Sec. 9, eff. Sept. 1,

1989.

Sec. 28.032. POSTPONEMENT. The judge may grant a postponement

or continuance only for good cause shown.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 28.033. HEARING. (a) If both parties appear, the judge

shall proceed to hear the case.

(b) Formal pleading other than the statement is not required.

witnesses that the parties produce and shall consider the other

evidence offered.

(d) The hearing is informal, with the sole objective being to

dispense speedy justice between the parties.

(e) Reasonable discovery in small claims court shall be

permitted. Discovery is limited to that considered appropriate

and permitted by the judge.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1989, 71st Leg., ch. 802, Sec. 10, eff. Sept. 1,

1989.

Sec. 28.034. DUTY OF JUDGE TO DEVELOP CASE. The judge shall

develop the facts of the case, and for that purpose may question

a witness or party and may summon any party to appear as a

witness as the judge considers necessary to a correct judgment

and speedy disposition of the case.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 28.035. JURY TRIAL. (a) A party is entitled to a jury

trial if the requesting party files a request with the court not

later than one day before the date on which the hearing is to be

held and at the same time pays the jury fee to the judge.

(b) The jury is provided as in other civil cases in justice

court.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

SUBCHAPTER D. JUDGMENT; APPEAL; EXECUTION

Sec. 28.051. JUDGMENT. (a) On conclusion of the hearing, the

judge shall render judgment as the justice of the case requires.

(b) If the judgment is against the defendant, the defendant

shall pay the judgment immediately.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 28.052. RIGHT TO APPEAL. (a) If the amount in

controversy, exclusive of costs, exceeds $250, a dissatisfied

party may appeal the final judgment to the county court or county

court at law.

(b) Except to the extent of any conflict with this subchapter,

appeal is in the manner provided by law for appeals from justice

courts.

making an appeal under this section, file an affidavit of

inability to pay as provided for in Rule 145, Texas Rules of

Civil Procedure.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by:

Acts 2005, 79th Leg., Ch.

381, Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1383, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1351, Sec. 7, eff. September 1, 2009.

Sec. 28.053. DE NOVO TRIAL ON APPEAL. (a) The county court or

county court at law shall dispose of small claims appeals with

all convenient speed.

(b) Trial on appeal to the county court or county court at law

is de novo. No further pleadings are required.

judgment is rendered on the appeal.

(d) A person may appeal the final judgment of the county court

or county court at law on the appeal to the court of appeals.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1351, Sec. 8, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1351, Sec. 9, eff. September 1, 2009.

Sec. 28.054. ENFORCEMENT OF JUDGMENT. If the defendant fails to

make immediate payment on the judgment, the judgment may be

enforced as in justice court.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 745, Sec. 5, eff. June 20,

1987.

Sec. 28.055. JUDGMENT NOT CLAIMED BY PLAINTIFF. (a) If a

defendant has not paid a judgment in favor of the plaintiff and

the plaintiff's whereabouts are unknown, the defendant shall use

due diligence to locate the plaintiff. The defendant must send a

letter by registered or certified mail, return receipt requested,

to the plaintiff's last known address and to the address

appearing in the plaintiff's statement of his claim or other

court record.

(b) If the plaintiff is not located after the use of due

diligence, the defendant may pay to the court the amount owed

under the judgment. The judge shall immediately execute a release

of the judgment on behalf of the plaintiff and deliver the

release to the defendant.

plaintiff, and at least once a month the court shall pay those

trust funds to the county clerk. The clerk shall deposit the

trust funds in the county clerk's trust fund account in the

county treasury. The funds shall be deposited, and may be

withdrawn, in the same manner as trust funds deposited in

district or county court to abide the result of a legal

proceeding.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!