NOTICE TO PERSON FILING JUSTICE COURT OR SMALL CLAIMS ACTIONS & CROSS ACTIONS

The person filing a petition is totally responsible for deciding and stating who to sue and where to serve them. Court personnel do NOT take part in that decision. This is the only information you should receive from the Court about that subject. No other questions will be answered. If you need legal advice beyond this you will have to do your own research or consult an attorney. Assumed name records are kept in each County Clerk's office, and Corporation records are kept by the Texas Secretary of State in Austin.

If the named Defendant (the entity you want to sue) is NOT a person, but is a "DBA" ("Southside Cafe"), a partnership ("ARC Inc.") or some other non-person entity you should sue the entity in the right name and serve the right representative of that entity in order to have them properly in Court. If you don't do this, you may have your case delayed or dismissed. Meanwhile the statute of limitations on your claim could expire against the right party if they are not sued in time.

You should avoid suing "everyone" just to make sure you get the right one. By signing a petition, you certify to the Court that you have read the petition, and that to the best of your knowledge, information, and belief formed after reasonable inquiry the petition is not groundless and brought in bad faith or groundless and brought for the purpose of harassment. Violation of this requirement can result in Contempt of Court or other sanctions.

You will be charged a citation and service fee of each and every name (person or non-person) you list as a defendant in the suit, unless they are named only as a Registered Agent of another defendant. For Example:

"John Doe and Mary Smith" -2 citations
"John and Mary Doe" -2 citations
"Bill Doe and his father, John Doe" -2 citations
"Southside Cafe, John Doe" -2 citations
"John Doe d.b.a. Southside Cafe" -1 citation
"Southside Cafe, owner John Doe" -1 citation if you file it as a "d.b.a.", but if you are wrong you may not get a judgment.
"ABC Corporation, John Doe" -2 citations
"ABC Corporation, John Doe as Registered Agent" -1 citation

Do NOT try to explain your claim to the Clerks of the Court and ask who you should sue. You must make the decision.

This form must be read and signed by the filing person and put in the file before the Judge will sign the citation. Clerks may give only procedural information.

JUSTICE / SMALL CLAIMS COURT JUDGMENTS -

This Court does not collect the Judgment for you, or force the defendant to pay the judgment.

1. ABSTRACT OF JUDGMENT: Puts a lien on any real property the defendant may own in a particular county where the abstract is recorded. When requesting an Abstract of Judgment, you should, whenever possible, provide the court with the losing party’s date of birth, Texas Driver’s License number, and current address. The Abstract is only good in the county or counties where it is recorded. An Abstract can be obtained after ten (10) days from the date the Judgment is signed and an appeal has not been filed. It is good for ten (10) years. There is a $5.00 issuance fee in the Justice of the Peace office. Contact the County Clerk of the county/counties to be filed in for the filing fee.

2. WRIT OF EXECUTION: May be obtained thirty (30) days after the judgment is signed. Authorizes the Sheriff or Constable to seize any assets belonging to the defendant that are subject to this writ. Those assets are then auctioned at a public sale and the proceeds are applied to the judgment. I suggest that you visit with the proper Sheriff or Constable before the execution is issued. There is a $31.00 filing fee, and a $150.00 service fee. Specific assets must be identified. There are many exemptions. (See Chapter 42 of Texas Property Code)

3 Other legal actions are available to find out what assets the defendant has and go after them. but an attorney is usually used to get them accomplished correctly.

4. CREDIT REPORTING: Send a certified copy or copy of Judgment to any credit bureau where defendant may seek credit, with all information about defendant -name, address, SS#, DL#, DOB, etc. ..They probably will not list the judgment without this information about the defendant. Remains on their records for seven (7) years. Call credit bureau for further information first.

PLAINTIFF INFORMATION

1. Provide correct name of every defendant you want to sue. (Each defendant you want to sue must be separately named and served.)

2. Provide correct address or location for service of citation of the defendant or the
defendant's proper agent if not an individual. In accordance with Federal Law concerning the Servicemember Civil Relief Act:

3 Filing a Small Claims or Justice Court suit only makes an allegation that you should recover from the defendant. Assume that the defendant will contest your allegation, rather than admitting it and proving your case for you. Properly prepare to prove your case at trial.

4 Remember that hearsay evidence is inadmissible and cannot be used if objected to by the defendant. Examples of hearsay evidence are affidavits, garage estimates, police reports, and what other people not in Court orally said or wrote. There are some exceptions.

5 You may subpoena witnesses to Court by asking for the subpoena and paying the required fee at least ten (10) days prior to trial

6 After both plaintiff and defendant have presented their cases, the Court will usually enter a judgment that the plaintiff recovers from the defendant all, part, or none.

7. Either party usually has ten (10) days in which to appeal to the County Court or the judgment in Justice Court is final

8. If you obtain a final judgment, you may file an Abstract of Judgment or a Writ of Execution. These are after judgment methods of collection.

9. An Abstract of Judgment may be issued ten (10) days from the date of judgment and recorded in the proper county.

10. A Writ of Execution may be issued thirty (30) days from the date of judgment.

Abstract of Judgment -It is then the duty of the plaintiff to file it with the County Clerk to make the judgment effective against defendant's real estate in the county. The Abstract is valid when filed with the County Clerk for a period of 10 years from the date entered.

Writ of Execution -Is a court order directing the Constable to levy on property belonging to judgment debtor to satisfy the judgment. There are several exempt items that the Constable may not levy on.

DEFENDANT INFORMATION

1. You must answer the suit on or before 10:00 a.m. on the Monday following the 10th day after service. You must file your answer on the form provided with your copy of the citation with the Civil Clerk of the Justice Court by the above stated date.

**CERTAIN DEFENSES AND ANSWERS MUST BE IN WRITING AND/ OR VERIFIED BY SWORN PLEADINGS OR AFFIDAVITS, OR THE BE ASSERTED IN THE CASE. (FOR EXAMPLE, SEE RULES 93 & 94 OF TEXAS RULES OF CIVIL PROCEDURE) RESEARCH THIS YOURSELF IF YOU CAN, OR CONSULT AN ATTORNEY TO A VOID WAIVING ANY RIGHTS

2. You may ask for a trial by Judge or by Jury. For a Jury Trial, you must pay a $5.00 Jury Fee.

3. You may represent yourself or hire an attorney to represent you. You can represent yourself in any court, if you feel you are qualified to do so.

4. Prepare a proper defense if you go to trial even though the burden is on the plaintiff to prove the case.

5. Remember that "hearsay" evidence is generally inadmissible and cannot be used if objected to by the plaintiff. Examples are: affidavits, estimates, police reports, and what people not in court said or wrote. There are exceptions.

6. You may subpoena any witnesses who may not appear voluntarily, by requesting a subpoena, furnishing a good address for the witness, and paying the required fee at least ten (10) days prior to trial.

7. If a judgment is rendered against you, you may appeal to the County Court by filing the correct papers with this Court within ten (10) days from the date of the judgment.