Frequently Asked Questions about Small Claims Cases

Q. How much does it cost to file a Small Claims suit?

The Justice of the Peace must collect fees for the filing of a suit in the Small Claims Court. A summary of court costs and service fees is available for download.

Q. What information do I need to file against a business?

A. You will need to determine who owns the business. Is it a corporation, a partnership, or a sole proprietorship? It is your responsibility to make sure that you are suing the proper and necessary party in the correct name.

If the business is a corporation, you will the correct name of the corporation, and the name and address of the corporation's registered agent.

If the business is a partnership, you will need the name and address of at least one of the partners.

If the business is a sole proprietorship, you will need the name and address of the owner of the business.

Business ownership may be determined from the Harris County Clerk's Assumed Name Records. Information about a corporation, and the corporation's Registered Agent may be obtained from the Office of the Secretary of State, Corporation Division, 800-252-5555. Information as to the corporation's standing is available from the Office of the State Comptroller, 800-252-1386.

Q. What is the maximum amount I can sue for in Small Claims Court?

A. The maximum claim amount is $20,000 (or $10,000 if the case was filed prior to September 1, 2020).

Q. If I am sued in Small Claims Court, what should I do?

A. You must follow the instructions within the Citation with which you were served, and file a written answer with the Court on or before 10:00 a.m. on Monday next after the expiration of 10 days after the date you were served with the citation. You should send a copy of the answer to the Plaintiff, and include your name, address, and telephone number.

Q. How do I ask for a jury trial?

A. You are entitled to a jury trial if you file a request with the court not later than one day before the date on which the hearing is to be held and pay the jury fee at the same time. It is helpful to ask for a jury trial well in advance of your hearing date.

Q. What happens in court?

Announce Your Presence

When you arrive in the Small Claims Court, it is a good idea to announce to the clerk that you are present. If the justice of the peace calls the "docket," that is each case scheduled to be heard at that time, you should answer "present" when your case is called.

Pick a Jury

If you have demanded a jury, a jury panel will be available from which you will select six jurors to decide your case. Both the plaintiff and the defendant will be able to ask the potential jurors questions to learn about the jurors, their prejudices, and their sympathies.

You may tell the justice of the peace if you think that a certain juror cannot be fair and ask that the juror be excused for cause. You may disqualify three (3) jurors using your peremptory strikes for any reason or for no reason.

Swear to Tell the Truth

When the trial begins, the justice of the peace or the clerk will ask each party and their witnesses to swear to tell the truth.

Meet Your Burden of Proof

As the plaintiff, you will have the opportunity to begin. You have the burden to prove your case by a preponderance of the evidence. You may proceed by testifying about the facts of your claim, presenting any physical or documentary evidence you have, and asking questions of your witnesses.

Cross-examination

The defendant will have an opportunity to cross-examine the plaintiff and each of the plaintiff's witnesses, by asking questions.

Defendant's Side of the Story

At the end of the plaintiff's presentation, the defendant will explain the circumstances from his or her point of view. The defendant may take the position that the plaintiff or the plaintiff's witnesses are wrong in their perception or interpretation of the transaction, or that the plaintiff is not entitled to as much money as claimed, or to any money.

Defendant's Failure to Appear

If the defendant does not appear for the hearing after being properly notified, the plaintiff may be entitled to a default judgment if the plaintiff is able adequately to prove his or her damages.

Judgment

At the conclusion of the evidence, the justice of the peace or the jury will decide the outcome of the case. The judgment will become final after ten (10) days, if no appeal is taken.

Q. When should I file a lawsuit?

A. File a lawsuit only as your last resort. Try to resolve your dispute by talking it over calmly with your adversary, or using a mediator. But, do not wait too long to present your claim. You must file your claim within any applicable statute of limitations. For example, a suit to collect money owed on a contract must be brought within four (4) years. A suit for personal injury or damage to property must be brought within two (2) years.

Q. For what can I sue in Small Claims Court?

A. You can only recover money in Small Claims Court. The court is not able to award you property or require another party to do or refrain from doing any act. Know the value of your claim. If you are represented by an attorney, you may be able to recover attorney's fees, but the total amount of your claim, exclusive of court costs, may not exceed $20,000 (or $10,000 if the case was filed prior to September 1, 2020).

Q. What do I need to do to prepare for a trial?

A. Gather all of the information you need to prove your claim. Collect all records, such as copies of contracts, invoices, or other agreements. Compile a list of witnesses, with their addresses and telephone numbers. Prepare a short and concise statement of the basis for your claim. Use plain language. Be sure to include the date the claim arose and all pertinent information.

More Information about Small Claims Cases

General Information

This information is furnished to you to provide basic information relative to the law governing procedures for small claims cases in the Harris County Justice Courts.

The Harris County Justices of the Peace and the Clerks of the Harris County Justice Courts are not allowed to give legal advice. You are urged to review the applicable laws and to consult an attorney of your choice for further information or answers to specific legal questions.

You have the right to a trial by a jury and to be represented by an attorney of your choice, or to represent yourself.

Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.

The information contained in this site was valid at the time of posting. Harris County assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies. Moreover, Harris County is not responsible for the content nor endorses any site which has a link from these pages. For additional information please review our Privacy Policy.