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Wise
County Justice of the Peace Precinct 4 Honorable Judge Clay Poynor |
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Small
Claims and Justice Court Suits Small Claims and Justice Court Suits JURISDICTION Small
Claims
filing fee: $116.00 ($26.00 Court Cost, $90.00 service fee in Wise County) A
Small Claims Court Suit is a civil suit for money damages only (you may
not recover personal property). Justice
Court
filing fee: $121.00 ( $31.00 Court Cost, $90.00 service fee in Wise County)
A Justice Court Suit is a civil suit for money damages, and foreclosures of
mortgages and enforce liens on personal property. The
jurisdiction amount for Justice Court and Small Claim Court cannot be over
$10,000.00. VENUE In
all small claim/justice suits, the defendant (s) has the right to be sued in the
county and precinct in which they reside. The only exception is if the
work is done in the precinct where it is filed. PARTIES TO THE SUIT Plaintiff Defendant · Individual: Where an individual is responsible to you for damages he/she may have caused you as an individual. · Proprietor
or Partnership:
A business that is not incorporated, but does have on file with the County Clerk
an assumed name e.g. Jane Doe d/b/a Total Beauty Center. To determine
whether or not this person has filed an assumed name, you would contact the
County Clerk’s office in the County where the company is located. · Corporation:
If the business that has injured you is incorporated, you must contact the State
Comptroller’s Office at (800) 252-1386, or the Secretary of State at (512)
463-5555. Ask for the name and address for service to the Registered Agent
for Service of the corporation (the President or Vice-President will also work).
This is the person who is authorized to be served with lawsuits for this
corporation. When completing your complaint, the name of the Defendant
should read, for example: RED Corporation by serving Jane Doe, Registered
Agent”. AFTER
SUIT IS FILED
SERVICE OF CITATION After
you have filed your Petition, the court will issue and forward the Citation (s)
to the Constable’s office you have indicated for service on the Defendant (s). ANSWER Once the Citation has been served on the Defendant, the Defendant must file a written Answer to the suit on or before the Monday following the expiration of ten (10) days from the date of service. If he/she fails to do so – a Small Claims case will be set for a Hearing – a Justice Court case will be set for a default hearing. REPRESENTATION In Small Claims Court or Justice Court, a party may represent himself regardless if he is part of a proprietorship or corporation. Please be aware that the Texas Rule of Evidence and Texas Rules of Civil Procedure are in effect in Justice Court suits, but not in Small Claims Court suits. TRIAL
PREPARATION
SUBPOENAS AND EVIDENTIARY SUBPOENAS You may ask the Court to issue subpeonas for witnesses and for evidentiary documentation needed for your suit. There is an additional charge for this service. JURY If you desire a trial by jury, you must pay a jury fee of $5.00 at least two working days (48 hours) prior to trial. TRIAL If
the Defendant files an Answer, your case should be set for trial within
approximately four weeks after the Answer is received by the Court,
approximately 75 days for Justice Court suits unless discovery is involved.
You will receive written notice of your Court date. If you change your
address or phone number, notify the Court immediately. Appear in Court on
the date and time indicated in your notice. Be sure to bring all of your
documents that you may need to present at trial. MOTIONS FOR CONTINUANCE Any and all motions must be filed IN WRITING with the Court and no later than 48 hours prior to the court date. This Court permits one reset for
good cause for each party. APPEAL
AFTER JUDGEMENT
TIME TO APPEAL Either
party has ten (10) days in which to appeal. You must file an Appeal Bond
with the Court on or before 4:30 p.m. on the 10th day after the judgment date.
Do not wait until the last minute to process your Appeal.
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Telephone
the Court and find out the amount of the Appeal Bond required. The
Court will then prepare a transcript of the pleading on file in your case and
send it to the County Court at Law. COLLECTION OF JUDGEMENT If
you receive a Judgment against the Defendant, and the Defendant does not file a
Motion for New Trial within five (5) days, or does not Appeal, or pay the
Judgment within ten (10) days, there are various remedies available to you in
attempting to collect the Judgment due to you. The Justice Court does not assist
you in collecting Judgments. ABSTRACT OF JUDGEMENT You may obtain an Abstract of Judgment any time after the 10th day from the date of Judgment from the Court for $5.00 per Abstract. The
Abstract may be filed in the office of the County Clerk in any County where you
think the Judgment Debtor may own property. WRIT OF EXECUTION If
the Defendant does not Appeal, you may obtain a Writ of Execution any time after
the 30th day from the date of Judgment. There
is a filing and service fee for this writ. WRIT OF GARNISHMENT A
Writ of Garnishment is a new lawsuit. There is a filing fee and
service fee for this writ. We will be happy to answer any procedural questions; however; we cannot answer legal questions.
We cannot give legal advice, but we will try to answer procedural questions you may have. If filing for other than non-payment of rent, different rules will apply. Complaint for Forcible Detainer (Eviction Complaint) Plaintiff's Affidavit (Example)
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