GOVERNMENT CODE
CHAPTER 28. SMALL CLAIMS COURTS
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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 $5,000.
(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.
(c) A person may be represented by an attorney in small
claims 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 745, § 3, eff. June 20, 1987; Acts
1989, 71st Leg., ch. 501, § 1, eff. Aug. 28, 1989; Acts 1989,
71st Leg., ch. 802, § 4, 5, eff. Sept. 1, 1989; Acts 1991, 72nd
Leg., ch. 776, § 4, eff. Sept. 1, 1991.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 974, § 3, eff. Sept. 1, 1987; Acts
1989, 71st Leg., ch. 1, § 19(b), eff. Aug. 28, 1989; Acts 1989,
71st Leg., ch. 2, § 8.26, eff. Aug. 28, 1989.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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.
(c) The seal may be affixed by a seal press or stamp that
embosses or prints the seal.
Added by Acts 1991, 72nd Leg., ch. 747, § 2, eff. Sept. 1, 1991.
SUBCHAPTER B. INSTITUTION OF CLAIM
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1985, 69th Leg., ch. 480, § 25, eff. Sept. 1, 1985; Acts
1987, 70th Leg., ch. 148, § 2.31, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 745, § 4, eff. June 20, 1987; Acts
1989, 71st Leg., ch. 802, § 6, eff. Sept. 1, 1989.
§ 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.
(c) Citation may be served in any manner authorized for
service of citation in a district court, county court, or justice
court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 802, § 7, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 802, § 8, eff. Sept. 1, 1989.
SUBCHAPTER C. HEARING
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 802, § 9, eff. Sept. 1, 1989.
§ 28.032. POSTPONEMENT. The judge may grant a
postponement or continuance only for good cause shown.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 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.
(c) The judge shall hear the testimony of the parties and
the 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 802, § 10, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
SUBCHAPTER D. JUDGMENT; APPEAL; EXECUTION
§ 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, § 1, eff. Sept. 1, 1985.
§ 28.052. RIGHT TO APPEAL. (a) If the amount in
controversy, exclusive of costs, exceeds $20, a dissatisfied party
may appeal the final judgment to the county court or county court at
law.
(b) Appeal is in the manner provided by law for appeal from
justice court to county court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 28.053. HEARING 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 is de novo. No further pleadings are
required and the procedure is the same as in small claims court.
(c) All costs not previously paid by the parties accrue
until judgment is rendered on the appeal.
(d) Judgment of the county court or county court at law on
the appeal is final.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 745, § 5, eff. June 20, 1987.
§ 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.
(c) The amount paid to the court is held in trust for the
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, § 1, eff. Sept. 1, 1985.
