SMALL CLAIMS & JUSTICE CIVIL INFORMATION SHEET (PLEASE READ CAREFULLY BEFORE COMPLETING THE PETITION)

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1 SMALL CLAIMS & JUSTICE CIVIL INFORMATION SHEET (PLEASE READ CAREFULLY BEFORE COMPLETING THE PETITION) SMALL CLAIMS - $ JUSTICE CIVIL - $ ROCKWALL COUNTY ROCKWALL COUNTY (ASK CLERK FOR OUT OF COUNTY SERVICE FEES) VENUE Generally, a suit should be filed in the County and Precinct where the defendant resides. However, a suit may be filed in any County and Precinct in the State of Texas. It is the responsibility of the Plaintiff to decide where the suit will be filed the Court is not allowed to determine this for you, the Plaintiff. JURISDICTION - Jurisdiction in Small Claims Court is for civil matters in which the amount of controversy does not exceed $10, Judgments rendered in Small Claims Court cases are monetary in nature only. Jurisdiction in Justice Court is for civil matters in which the amount of controversy does not exceed $10, A judgment in Justice Court can be monetary and / or personal property. FILING SUIT - The responsibility for completing the petition rests with you, the Plaintiff. Court Clerks will assist you if you have PROCEDURAL questions. The filing fee is twenty-seven dollars ($31.00). In addition, there is a fee for serving the defendant which is seventy-five ($75.00) per defendant to be served in ROCKWALL COUNTY, for a total of ($106.00). If you are filling on a defendant that resides outside Rockwall County contact this court for service fees. CITATION - A citation is drafted and delivered to the Constable for service on the Defendant(s). ANSWER - The Defendant is commanded to answer in writing on the Monday following the expiration of ten (10) days from the date the citation was served upon him / her. REPRESENTATION Plaintiff and Defendant - As an individual, you may retain an Attorney or represent yourself Pro Se. DEFAULT JUDGMENTS A Default Judgment may be rendered if the Defendant in your suit fails to file a written answer with the Court. Both parties will be notified to appear in court for an appearance on the Civil Docket. You will be asked to briefly state the facts of your case and present any written documents you may have to support your case. TRIAL BY JUDGE OR JURY - Notice will be mailed to both the Plaintiff and Defendant stating the date and time to appear in Court. Bring all information you need to support your claim. If you have any witnesses, you should bring them. ALL MOTIONS FOR CONTINUANCE MUST BE IN WRITING AND RECEIVED NO LATER THAN THREE (3) WORKING DAYS (WEEKENDS AND HOLIDAYS EXCLUDED) PRIOR TO YOUR COURT DATE. AFTER JUDGMENT - THIS COURT DOES NOT COLLECT THE JUDGMENT FOR YOU NOR CAN WE FORCE THE DEFENDANT TO PAY THE JUDGMENT. If you receive a judgment against the defendant, and if the defendant does not make a motion for new trial within five (5) days or appeal the case within ten (10) days after the court date, your remedies to collect your money are as follows: ABSTRACT OF JUDGMENT - You may obtain an Abstract of Judgment on the eleventh (11 th ) day after judgment. The fee for obtaining the Abstract of Judgment is seven ($7.00). You should then take the Abstract to the County Clerk s office in the Rockwall County in order to file the judgment in Rockwall County. The purpose of filing an Abstract of Judgment is to put a lien against any real property within ten (10) years from the date of judgment the amount of judgment must be paid plus interest.

2 WRIT OF EXECUTION - If you are granted a judgment against the defendant AND if the defendant does not appeal within ten (10) days after the court date, you may obtain and file a Writ of Execution any time after the 30 th day from the date of judgment. A Writ of Execution allows a Sheriff or Constable in the State of Texas to try and seize certain non-exempt property from the defendant. If property is seized, an auction is held and the proceeds for the sale satisfy the judgment. The costs for filing a Writ of Execution are $ ($7.00 for filing and $ for service in Rockwall County). You may have other remedies available, but they are more complicated and are not covered here. Please consult an attorney for any other remedies you may have to collect your judgment. SHOULD THE DEFENDANT PAY ANY PORTION OF THE AMOUNT OWED AFTER YOU HAVE RECEIVED A JUDGMENT, IT IS NECESSARY FOR YOU TO NOTIFY THE COURT OF THE CREDIT OR NOTIFY THE COURT THAT THE JUDGMENT HAS BEEN SATISFIED IN FULL IF THE DEFENDANT PAYS THE ENTIRE JUDGMENT AMOUNT. IF YOUR ADDRESS CHANGES WITHIN THE TEN (10) YEAR PERIOD FOLLOWING THE JUDGMENT, YOU SHOULD NOTIFY THE COURT OF YOUR NEW ADDRESS. ADDITIONAL INFORMATION - The defendant in a Small Claims Suit must be served personally by the Constable or County Sheriff. Sometimes service is avoided by the defendant; therefore, an alternate method of service is necessary. This method is referred to as alternate service. The Constable or Sheriff may request this alternate service which allows him to serve anyone over the age of sixteen (16) at the defendant s usual place of abode, business, or in a method the Judge believes will be reasonably effective to give the defendant notice of the suit. We will request that you come in and sign the request for alternate service. If your request is approved, the Judge will sign an order, and the citation will be returned to the Constable or Sheriff for service as mentioned above. SUIT ON A CORPORATION - It is important that you understand that for a potential judgment you may receive to be valid, it is necessary for you to sue the defendant in the proper legal capacity. If the party you want to sue is a corporation, you must find the name of an officer of the corporation before you begin the suit. The Secretary of State ( ) or the State Comptrollers office ( ) will give you the information. Ask for the name and address of the REGISTERED AGENT, PRESIDENT OR VICE-PRESIDENT of the corporation and serving the citation on one of the above-mentioned officers of the corporation. It is necessary to know the individual s name that is able to accept service on behalf of the corporation. EXAMPLE-GREENHOUSE INC., SERVE JOHN DOE. It is also possible for an incorporated entity to have an assumed name, i.e.; GREENHOUSE, INC. dba GREENHOUSE SUPPLIES. Follow other instructions for the remainder of the suit. SUIT ON A COMPANY - If the party you want to sue is an individual doing business under an assumed name (sole proprietor of the business) or a partnership, you must check with the County Clerk s letter (notice of suit) to the owner(s) of the business- EXAMPLE: JOHN SMITH dba GREENHOUSE SUPPLIES. If you have additional procedural questions, please contact the Court. All correspondence should be addressed to: Judge Jack James, Pct East Yellowjacket Lane, Suite 301 Rockwall, Texas Office Fax 2

3 PLAINTIFF Name Address City, Zip Phone DEFENDANT VS Name Last 3 digits of DL Last 3 digits of SSN Date of Birth Address City, Zip Phone Cause No. File Date Small Claims Court Justice Court STATE OF TEXAS COUNTY OF ROCKWALL STATE THE NATURE OF SUIT Amount of Suit: $ Court Costs $ Attorney Fees $ BRIEF DESCRIPTION OF SUIT: Are there any suits filed against you by the defendant? If so, when, where and nature? Plaintiff s Signature Subscribed and sworn to before me this day of, 20. Judge / Court Clerk / Notary Public SEAL 3

4 CAUSE NO. Plaintiff IN THE JUSTICE OF vs. THE PEACE COURT PRECINCT 1 ROCKWALL COUNTY, TEXAS Defendant AFFIDAVIT OF MILITARY STATUS The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act (SCRA), formerly known as the Soldiers and Sailors Civil Relief Act of The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains official information regarding eligibility status of military personnel. You are strongly encouraged to obtain verification of the person s active duty status by contacting Department of Defense at the following link: Failure to obtain Military Service verification could result in provisions of the SCRA being invoked against you. Before me, the undersigned Notary/Court Clerk/Justice of the Peace personally appeared the below-named affiant, who under oath stated the following: My name is Plaintiff/Agent/Attorney Being the plaintiff/agent/attorney in the above case, I am capable of making this affidavit. The facts stated in the affidavit are within my personal knowledge and are true and correct. ( ) 1. No defendant in this case is on active duty in the U.S. Military. ( ) 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 undersigned is acting as agent of plaintiff) are not able to determine whether any defendant is on active duty in the U.S. Military except for any defendant named in paragraph 2. ( ) 5. Plaintiff and the undersigned (if the undersigned is acting as 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. ( ) 6. Defendant [insert name(s)] has signed, while on active duty, a separate written waiver of his or her rights under the U.S. Service Members Civil Relief Act (SCRA) of Plaintiff/Agent/Attorney SWORN TO AND SUBSCRIBED before me by, on, 20. 4

5 Notary/Court Clerk/Justice of the Peace 5

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