I get calls all the time for small money disputes, $3,000, $4,000, $5,000 claims. Common situations are:
- You paid for something but never received the item or service.
- You paid a deposit for someone to do work on your house and they didn’t do the work.
- You are a tradesman who didn’t get paid for the work you did,
- You lent money to someone and they haven’t paid you back.
- You are a landlord, and then tenant stopped paying rent.
- You have a dispute with your Homeowners Association. For relatively small claims, you can sue the person or business on your own without using (and having to pay for) an attorney. Small Claims Courts, or Justice Courts, also known as Justice of the Pease Courts (“JP Court”) are set up to handle these matters. There are Justice of the Peace Courts in every county in Texas. Harris County has 16 of these. They handle all kinds of disputes so long as the amount you are seeking is less than $20,000. More information on Harris County Justice of the Peace Courts is found at:
If you have a beef with someone or some company, you can file in the Justice of the Peace Precinct where the person or business is located. Don’t know which precinct to file in? Call any JP court and give them the address of the party you want to sue. They will tell you the correct precinct, address and phone number where to file. I recommend going to the JP Court in person and talking to the filing clerk. They will give you the form to fill out and tell you the price for filing and fee for service on the defendant. Typically, the fee for filing and service is about $150.00. The clerk will not give you legal advice. In most cases you have to ask for a money amount in the lawsuit. The court can order the defendant to pay money. TYPICALLY, THE JUDGE WILL NOT TELL PROPLE HOW TO BEHAVE.
Once the person is served, the clerk will notify you and the person you are suing of a hearing date. You can usually get a hearing date in a couple of months, maybe less. Show up on the hearing date with your evidence and tell your story to the judge. What’s it like? IT’S JUST LIKE JUDGE JUDY ON TV!!! No lawyer is needed. If you want to hire one, that is fine, but you will have to pay the attorney’s fee, which can be more than what you are suing for.
At the hearing tell your story and give your evidence to the judge. If the other person shows up, they will tell their story. Some defendants might have an attorney. Don’t sweat it. You are not there to argue with the other side. You’re there to tell YOUR story TO THE JUDGE. The judge will usually decide right after the hearing. In some cases, the judge may re-set the case if more time is required. After hearing all the evidence, the judge will decide. No matter how good you think your case is, there is no guarantee the judge will rule in your favor. If the judge decides in your favor, he or she will enter an order for the other party to pay you “X” number of dollars. This is called a Judgment. If you “win” this does not guarantee money in your pocket. You can get money from the other party only if they have the cash. This is a topic of another Blog. Stay tuned for the next episode.
If you need help in drafting the lawsuit for a Justice Court claim, or assistance in preparing the evidence and argument, give the Law Office of Elliott Klein a call. 281-961-2380.