Filing a Small Claims or Justice Court Suit
Restrictions
The amount of money for which you may sue in both Small Claims Court and Justice Court may not exceed the limit of the court, which is $10,000.
Legal Capacities
In all civil suits, the defendant has the right to be sued in the county and precinct in which he/she resides. You must have a physical address (not just a post office box) for the defendant to serve the court process. It is your burden to understand that for any potential judgment you may receive to be valid, it is necessary for you to sue the defendant in the proper legal capacity. The capacities are as follows:
- Corporation - The business that has allegedly caused you damage is incorporated; therefore, it is necessary to know the individual’s name who is able to accept service on behalf of the corporation (e.g., for Greenhouse Inc. serve: John Smith, who is the registered agent) - the authorized agent for service would be listed with the secretary of state, whose phone number is (800) 252-1386
- Personally - Where individuals are responsible to you for damages they may have caused you as an individual
- Proprietor or partnership - A business that is not incorporated, but does have an assumed name on file with the county clerk (e.g., John Smith d.b.a. Greenhouse Supplies); to determine whether or not this person has filed an assumed name, contact the county clerk at (817) 579-3222
Small Claims vs. Justice Court
You may only sue for money in Small Claims Court. Suits for money or other items may be filed in Justice Court. Also, an action in Small Claims Court may not be brought by an assignee of the claim or other person seeking to bring an action on an assigned claim or a collection agency.
If, as the plaintiff, you are in the business of loaning money either primarily (banks, credit unions, and savings and loans) or secondarily (credit cards), you are not allowed to file in the Small Claims Court; however, an attorney representing any of the above may file suits on the behalf of the above in the Justice Court.