Information about Debt Claims Cases
A Debt Claim Case is a lawsuit brought to recover a debt by:
Filing the Debt Claims Case
(2) the name, address, telephone number, and fax number, if any, of the plaintiff’s attorney, if applicable, or the address, telephone number, and fax number, if any, of the plaintiff;
(3) the name, address, and telephone number, if known, of the defendant;
(4) the amount of money, if any, the plaintiff seeks;
(5) a description and claimed value of any personal property the plaintiff seeks;
(7) the basis for the plaintiff’s claim against the defendant; and
(8) if the plaintiff consents to email service of the answer and any other motions or pleadings, a statement consenting to email service and email contact information.
(A) the account name or credit card name;
(2) Personal and Business Loans. In a claim based upon a promissory note or other promise to pay a specific amount as of a date certain, the petition must state:
(A) the date and amount of the original loan;
(3) Ongoing Interest. If a plaintiff seeks ongoing interest, the petition must state:
(A) the effective interest rate claimed;
(4) Assigned Debt. If the debt that is the subject of the claim has been assigned or transferred, the petition must state:
(A) that the debt claim has been transferred or assigned;
The plaintiff must provide to the Court enough copies of the petition to be served on each defendant. The clerk may make copies of the petition for the allowable copying cost.
Evidence of plaintiff’s damages may be offered in a sworn statement or orally under oath. Evidence of damages may be attached to the petition and served on the defendant, or may be submitted to the court after defendant’s failure to answer.
The amount of damages is established by evidence:
(A) that the account or loan was issued to the defendant and the defendant is obligated to pay it;
The judge may enter a default judgment without a hearing if the plaintiff submits sufficient written evidence of damages. Otherwise, the plaintiff may request a hearing at which the plaintiff must prove damages.
This information is furnished to you to provide basic information relative to the law governing procedures for civil 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.