Eule 502.2(b) Fees - lnability to Pay

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Anastasia Copeland
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1 Small Claim Cae A mall clalm3 ca6 l a lawult brought for th6 rocovery o, monoy damago, clvll penltie, p ronal proporty, or othor rollof allowed by law. The clalm can be for no more than 310,000, excludlng atatutory interet and coud cot but includlng attomoy fee, if any. Small claim cae are governed by Rule of Part V of the Rule of Civil Procodure. Juridiction luridiction i the authority of the court to hear and decide a cae. You may not dim,refi the amount of your claim in order to qualify for the juridictional limit of thi court. For example, ii your evidence how that you utained S10,100 in damage, you cannot tell the coun that you arc "willing to toke 570,000". Thi will reult in your claim being dimied for lack ofjuridiction. Ven ue Law pecifying the venue, the county and precinct where a lawuit may be brought are found in Chapter 15, Subchapter E of the Texa civil and Pradice and Remedie code, which i available online and for etamination during the court' buine hour. Generally, a defendant i entitled to be ued in the county and precinct where the defendant reide; or where the incident occurred; or where the contract/a8reement wa performed; or where the property i located. Rure 02.4(a)lbX1)(2X3X4) Motion to Tranfer Venue lf a plaintiff file uit in an improper venue, a defendant may challenge the venue by filin8 a motion to tranfer venue. The motion mut be filed before trial, no later than 21 day after the day the defendant' anwer i filed, and mut contain a worn tatement that the venue i improper and provide a pecific county and precinct of proper venue to which tranfer i ought. Rule 02.4(d) Partie to the Suit Plaintifi i the party that i intituting the uit. Delendant i the party that i being ued. It i5 the burden of the plaintiff to ue the defendant in hi/her proper lesal capacity, of which there are typically three: lndlvldual: Where an individual i reponible to you for damage. Proprieto. or Paftn r3hipi A buine that i not incorporated, but ha on file with the county cle* an aumed name (d/b/a). CoJporation: lfthe buine that ha injured you i incorporated, you may contact the Secretary ofstate at {512) to get the name and addre of a Retitered AEent who i authorized to be erved with lawuit for the corporation. lntitution of Suit All pleading and motion mut be written, igned and filed except for oral motion made during trial or when both partie5 are Preent. Rule Petition To initiate a lawuit, a petition mut be filed with the court and contain pecific information found in Rule 502.2(aX1-8). A jutice court civil cae information heet, in the form promultated by the Supreme Court of Texa, mut accompany the filing of a petition and mut be itned by the plaintiff or plaintiff attorney. Eule 502.2(b) Fee - lnability to Pay Filing fee for a mall claim cae i On filins the petition, the plaintiff mut pay the appropriate filing fee and ervice fee with the Court. A plointilf who i unoble to ofiord to poy the lee or i ihdigent mut tile o won totement of inobility to poy. fhi lom i ovoiloble dt the coutt ot online. Rule 5O2.3(o). The delendont mdy contet the ttotement ol indbility to poy ot any time within 7 ddy dftet the doy the delendon* anwer i due. Rul.5o2.3ldt Citation When a petition i filed, the clerk mut promptly iue a citation and deliver the citation a directed by the plaintiff. The plaintiff i reponible for obtaining ervice on the defendant of the citation and a copy of the petition with any document filed with the petition. Upon requet, eparate or additional citation mut be iued by the clerk. Rure 501.1(a) Service of Citation No peron who i a party to or intereted in the outcome of the uit may erve citation in that uit. Citation may be erved by: A heriff or contablej a proce erver certified under order of the Supreme Court; the clerk of the court, if the citation i erved by regitered or certified mail; or a peron authorized by court order who i 18 year of age or older. Rule 01.2(a)(1X2)(3Xa) Anwer A defendant mut file with the court a witten anwer to a lawuit a directed by the citation and mut alo erve a copy of the anwer on the plaintiff. See Rule 502.5(a) for the required content of the anwer. The anwer i due by the end of the 14rh day after the day the defendant wa erved with the citation and petition. lf the 14th day i a Saturday, Sunday. or legal holiday, the anwer a due the next day that i not a Saturday, Sunday or legal holiday. Rureo2.5(d) lf the defendant fail to file an anwer, the judte mut enure that ervice wa proper and may hold a hearing for thi purpoe. lf ervice wa proper, the judge mut render a default judgment in the following manner: Rule 503.(a) Default JudBment Clclm Eocd on Wrilten Ooaument. lf a claim i baed on a w.itten document itned by the defehdant, and a copy of the document ha been filed with the court and erved on the defendant, along with a worn tatement from the plaintiff that thi i a true and accurate aopy of the document and the relief ought i owed, and all payment, offet, or credit due to the defendant have been accounted for, the judge mut render judtment for the plaintiff in the requeted amount, without any neceity for a hearins. Rule 503.1(1) Ot rer Cdier, A plaintiff who eek a default jud8ment ataint a defendant mut requet a hearint, orally or in writins. The plaintiff mut appear at the hearing and provide evidence of it damage. lf the plaintiff i unable to prove it damage, the judge mut render judgment in favor of the defendant. Rule 503.1(2)

2 Small Claim Cae (contrnued) Pretrial Conference The court, at any party' requet or on it own, may et a cae for a pret.ial conference. lue for pretrial conference include dicovery, clarification of pleadint, the appointment of interpreter, etc. Rule 503.4(a) Repreentation An individual may repreent himelf or herelf, or be repreented by an attorney. A corporation or other entity may be repreented by an employee, owner, officer, or partner of the entity who i not an attorney or be repreented by an attorney. The court may, for good caue, allow an individual repreenting himelf or herelf to be aited in court by a family member or other individual who i not being compenated. Rute Trial ln order to develop the fact of the cae, a judse may quetion a witne or party and may ummon any peron or party to appear a a witne when the judge conider it neceary to enure a correctjud8ment and a peedy dipoition. Rure oo.6 lf the plaintiff fai15 to appear for trial, the judge may potpone or dimi the uit. lf the defendant fail to appear for trial the judse may potpone the cae or may proceed to take evidence. lf the plaintiff prove it cae, judgment mut be awarded for the relief proven. lf the plaintiff fail to prove it cae, judgment mut be rendered for the defendant. tuile 503.5(bxc) Demand for Jury Demand for Jury can be made by either party, mut be made no later than 14 day before trial and require a jury fee of S22 or by filing a worn tatement of inability to pay the jury fee. Rureo4.1 Appeal A party may appeal a judtment by filint a bond, makint a cah depoit, or filing a worn tatement of inability to pay within 21 day after the iudgment i igned or the motion to reintate, motion to et aide. or motion for new trial, if any, i denied. Rure 506.1(a) aa 3t;3tt Bond: A plaintiff mut file a 5500 bond. A defendant mut file a bond in an amount equal to twice the amount of the judgment. The bond mut be upported by a urety or uretie approved by the judge, The bond mut be payable to the appellee and mut be conditioned on the appellant' proecution of it appeal to effect and payment of anyjudgment and allcot rendered againt it on appeal. Rul. 50G.1(b) Cah Depoit ih Lieu of Bond: An appellant may depoit with the clerk of the court cah in the amount required of the bond. The depoit mut be payable to the appellee and mut be conditioned on the appellanf proecution of it appeal to effect and payment of any judgment and all cot rendered a8aint it on appeal. Rur.5o6.1(c) Sworn Statement of lnability to Pay (SS P): An appellant who cannot furnih a bond or pay a cah depoit in the amount required may intead tile a SSIP. The court willfurnih a form, or your tatement mut meet the requirement of Rule 02.3(b). The tatement may be conteted within 7 day after the oppoing party receive notice the tatement wa filed. nure 506.1{d)1rX2) Trial De Novo - a cae that i appealed mut be tried de novo in the county court. A trial de novo i a new trial in which the entire cae i preented a if there had been no previol.r trial. Bute D icovery Pretrial dicovery mut be approved by the court. Ruleoo.g Motion to Reintate after Dimial A plaintiff whoe cae i damied may file a motion to reintate the cae no later than 14 day after the dimial i isned. The plaintiff mut erve the defendant with a copy of the motion no later than the next buine day uing a method approved under Rule The court may reintate the cae for good caue hown. Rute5o5.3(.) Motion to Set Aide Default A defendant againt whom a default judgment i granted may file a motion to et aide the judgment no later than 14 day after the judgment i igned. The defendant mut erve the plaintiff with a copy of the motion no later than the next buine day uing a method approved under Rule The.ourt may et aide the judgment for good caue hown. Rute 505.3(b) Motion for New Trial A party may file a motion for a new trial no later than 14 day after the judsment i itned. The party murt erve all other panie with a copy of the motion no later than the next buine day uing a method approved under Rule The court may grant a new trial upon a howing that jutice wa not done in the trial of the cae. Only one new trial may be granted to either party. Rure o.3{.) Enforcement of Judgment Jutice court judgment are enforceable in the ame method a in county and ditrict court, except a provided by law. When the judgment i for peronal property, the court may award a pecial writ for the eizure and delivery of uch property to the plaintiff, and may in addition to the other relief granted in uch cae, enforce it judgment by attachment or fine. Rure 5o.l Abtract of rudtment: create a public record and a lien or claim on any real etate property owned or later acquired by the defendant located in the county in which the abtract of judgment i recorded. Writ of Execution: A writ to put in force the judtment of a court otdet. A writ ollow d herilf ot contoble to try ond eize cettoin nonexempt prcpedy hom the delendont. t prcpefty i eized, on oucaion i5 held ond the prcceed lrom the ole oltet the iudgment. writ of Garnihment: A Writ of Garnihment i a civil action and can be a complicated procedure that may require the aitance of an attorney.

3 CAUSE NO. PLAINTIFF DEFENDANT IN THE JUSTICE COURT PRECINCT NO. COUNTY, TEXAS PETITION: SMATL CLAIMS CASE Defendant() addre: COMPLAINT: Defendant The bai for the claim which entitle Plaintiff to eek relief againt IS RELIEF: Plaintiff eek: D damage in the amount of $_ o return of peronal property a decribed a follow (be pecific): which ha a value of $ Additionally, Plaintiff eek the following: SERVICE OF CITATION: Service i requeted on Defendant[) by: o peronal ervice at home or work, tr regitered mail, o certified mail, return receipt requeted. If required, Plaintiff requet alternative ervice a allowed by the Texa Rule of Civil procedure. Other addree where Defendant() may be erved are: D I hereby requet a jury trial. The fee i $22 and mut be paid at leat 14 day before trial.

4 tr I hereby conent for the anwer and any other motion or pleading to be ent to my addre AS follow: Plaintiff Printed Name Defendant' Information [if known): Date of birth: Lat three digit of Driver Licene:_ Lat three digit of Soc. Sec. No.:_ Phone No. Signature of Plaintiff or Plaintiff Attorney Addre of Plaintiff or Plaintiff Attorney City State zip Phone & Fax No. of Plaintiff or Plaintiff Attorney

5 JUSTICE COURT CIVIL CASE INFORMATION SHEET rclrrr CAUSE NUMBER (ror clenx ue onu): STYLED (e.g.,.lohn Smith v. All American lnurance Co; ln re Mary Ann.lone; ln the Matter of the Etate of Geor8e.lackon) A civil cae information heet mut be completed and ubmitted when an original petition i filed to initiate a new 5uit. The information hould be the bet available at the time of filing. Thi heet, required by Rule of Civil Procedure 502, i intended to collect informatlon that will be ued for tatitical purpoe only. lt neither replace nor upplement the filing or ervice of pleading or other document a required by law or rule. The heet doe not contitute a dicovery requet, repone, or upplementation, and it i not admiible at trial. 1. Contact information for peron completing cae information heet: Name: Te ephone: 2. Name of partie in cae: P aintitf(): Addre: Fax Defendant{) City/State/zip State Bar No [Attach additionalpase a neceary to lit allpartie] Signature 3. lndicate cae type, or identify the mot important iue in the cae (eled only 7)l i Debt Cloim: Adebt claim cae i a lawuit brought to recover a debt by an aignee of a claim, a debt collector or collection agency, a financial intitution, or a peron or entity primarily engaged in the buine of lending money at interet. The claim can be for no more than S10,000, excluding tatutory interet and coun cot but including attorney fee, if any. A Repoir and Rerrredy: A repair and remedy cae i a lawuit filed by a reidential tenant under Chapter 92, Subchapter B of the Texa Property Code to enforce the landlord' duty to repair or remedy a condition materially affecting the phyical health or afety of an ordinary tenant. The relief ought can be for no more than 510,000, excluding tatutory interet and coun cot but including attorney fee, if any. A Evidion: An eviction cae i a lawuit brought to recover poeion of real property, often by a landlord againt a tenant. A claim for rent may be joined with an eviction cae if the amount of rent due and unpaid i not more than 510,000, excluding tatutory interet and court cot but including attorney fee, if any..,/ 1Smoll Claim: I mall claim cae i a lawuit brought for the recovery of money damage, civil penaltie, peronal property, or other relief allowed by law. The claim can be for no more than S1.0,000, excluding tatutory interet and court cot but including attorney fee, if any.

The amount of pure rent due through the date oftrial will need to be. calculated fno ufrlities or ldte chorges ore ollowed in cloinslot unpoid renr.

The amount of pure rent due through the date oftrial will need to be. calculated fno ufrlities or ldte chorges ore ollowed in cloinslot unpoid renr. Eviction Cae An eviction cae i a lawuit brought to recover poeion of real property, often by a landlord againt a lenant. A claim for rent may be joined with an eviction cae if the amount of rent due and