This legal research guide provides information about small claims cases in justice court and provides links to filing information for select Texas counties.
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Texas Rules of Civil Procedure Rule 502.4(b) states that a defendant in a small claims or debt claim case is entitled to be sued in one of the following venues in the county and precinct:
Subsection (c) of that Rule goes on to state that if the defendant is out-of-state or if their residence is unknown, "the plaintiff may file the suit in the county and precinct where the plaintiff resides."
If you are suing an individual, you will name the individual in your suit.
If you are suing a business that is not a corporation, you'll need to determine who the owner is. Businesses with an assumed name (sometimes referred to as DBA, "doing business as") must be on file with the county clerk where they are located. Many county clerk's offices offer an online database through their website where you can search for this information.
If you are suing a corporation, you will need to find the name of their registered agent. For corporations registered in Texas, you can use the Secretary of State's SOSDirect database. Note: They do charge a fee to use this database.
This publication from the Texas Young Lawyers Association answers many common questions about the types of cases that can be tried in justice court and the procedure for doing so. Page 5 from this guide discusses serving the defendant.
This FAQ explains the court rules and laws that govern venue and jurisdiction for small claims cases.
The Texas Secretary of State answers additional questions about registered agents and the service process.
Answers questions "What is a registered agent?" and "What is a registered office?" Information about a registered agent's qualifications, duties, and responsibilities.Information about serving a registered agent, including service through the Office of the Secretary of State.
This FAQ explains differences in procedures for suing a business or an individual in small claims court.
Below are links to the justice courts for some of Texas' most populous counties. Most of the websites listed will have you select which precinct in order to locate additional filing information and downloadable print forms (if available).
If your county is not listed above, this directory created by the Office of Court Administration allows you to view the courts in a specific county along with their contact information.
If your county does not have their own forms available to use, check out our Commonly Requested Legal Forms page for small claims forms available online.
E-filing is a way of filing court documents electronically, without having to send in paper copies to the clerk's office. Texas's eFileTexas.gov site uses guided interviews to help you create your forms. The website will ask you certain questions and use your answers to build your forms.
For those filing without an attorney, this page of the eFileTexas website helps self-represented litigants (SRL) create the forms they need to begin their case. Select "Texas Small Claims Petition" from the list of filings.
This FAQ explains possible options for filing a small claims case through eFileTexas.These e-books contain information on small claims cases and justice courts. These e-books can be viewed by those who have signed up for a free library account with the State Law Library. Only Texas residents are eligible to create an account. Creating an account is free.
Volume 3, Chapter 46 from this resource discuss justice court proceedings. This e-book can only be borrowed by government employees, but librarians may be able to provide a short excerpt to library patrons upon request.
"This book from Nolo is updated to include the latest procedures for small claims courts in every state. It shows readers how to write a demand letter, file and serve papers, prepare and present a case, prepare evidence, and mediate an out-of-court settlement.
"Real advice you can trust and use in small claims court. When every other method to collect has failed, a small claim is the right remedy to seek. If you're looking at either prosecuting or defending in a small claims court, with or without an attorney, the information presented in Filing & Winning Small Claims For Dummies is indispensable.The nuances of small claims courts vary from state to state, but the basic approach in preparing and presenting a small claims case is extremely uniform no matter where you are." - publisher's description
Practical, easy-to-understand answers to questions about divorce, child support, and child custody; credit, bankruptcy, and debt collection; starting a business; leases and tenant rights; small claims court and lawyers; wills and probate; false advertising and warranties; immigration; and more.
These print books at the State Law Library contain information related to small claims cases and justice courts. If you are not able to visit the State Law Library in Austin, these books might be available at a law library near you or a public library near you .
