The small claims court clerks do not give legal
- Small claims $111.00
- Writ of execution $111.00 ($31.00 filing
fee, $80.00 service)
- Abstract $11.00
Small claims are suits in which our citizens can settle small money
disputes in a peaceful manner. This court can only award a judgment
and will not guarantee that we will collect if you “win” your case.
“IT IS NOT A COLLECTION AGENCY”. Small claims jurisdiction is
$10,000.00 dollars or less.
SMALL CLAIMS NORMALLY MUST BE FILED IN THE COURT OF THE
PRECINCT WHERE THE DEFENDANT LIVES: Under some
circumstances you may have a choice of courts in which to file a
claim. For example, if the Defendant resides in one precinct
but contracted to perform services in another precinct, either the
precinct where the defendant lives or the precinct where the work
was performed can be selected as the place to bring suit.
REQUIREMENTS FOR FILING A SMALL CLAIM:
Complete name spelled accurately and have the exact address
in where the Defendant can be located.
Filing for car accident damages: A police report,
two certified auto shops estimates, any sufficient evidence
such as pictures, receipts, hospital bills that will equal
the amount you are suing for.
money disputes: Money loans, back pay rent,
unfinished jobs, etc. All must have sufficient evidence, for
instance, copy of receipts, any written notation signed by
ALTERNATIVES TO TRY TO COLLECT ON A
Writ of Execution: After the ten days that
judgment was final, the party who (judgment was granted) can
request a WRIT OF EXECUTION for an additional cost of
$111.00 to enforce the judgment. THERE IS NO GURANTEE THAT
JUDGMENT WILL BE COLLECTED BY A WRIT OF EXECUTION. For
further details on a Writ of Execution please call the
Constable’s Office at (956) 523-4780.
- Abstract of Judgment:
Ten days after judgment is final, another alternative is to
try to collect on a judgment of abstract for an additional
cost of $11.00. When the Abstract is filed the court
prepares the document and the winning party files it to the
County Clerk’s Records Department at the Courthouse. When
properly filed, an Abstract places a lien against any
non-exempt, real property of the losing party. When
requesting an Abstract of Judgment, you should, whenever
possible, provide the court the date of birth, Texas
driver’s license or Social Security Number from the losing
Release of Judgment: Once the judgment is
paid off the Civil Department shall provide you with a
Release form and will be removed from the record.
Download a copy of the Statement of Claim with Instructions
clerks of the court are prohibited by state
law to assist in the preparation or
completion of these forms and/or petitions.
They are prohibited by state law from
providing and legal advice or assistance.
- Evictions $131.00 ($31.00 filing fee,
- Writ of Possession $111.00 ($31.00
Filing Fee, $80.00 Service)
REQUIREMENTS FOR FILING A FORCIBLE
Correct information: Full name and
address must be accurate so Defendant can be located.
Make sure to check on correct amount of rent you are
A three day written
notice: This must be given to the
tenant and to court prior to filing an eviction suit.
The notice must be given for non-payment of rent or
vacating the premises. It can either be
regular/certified mail, hand delivered to tenant or any
person residing at the premises who is 16 years of age
or older, or post on door. Always keep a copy of the
notice for yourself and for the court.
Filing an eviction: After notice is
given and tenant does not vacate the premises, a
complaint for eviction would need to be filed in the
precinct where the property is located. The complaint
will describe the lands, tenements, or premises. The
possession of which is claimed, with sufficient
certainty to identify the same and shall also state the
facts which entitle the complainant to the possession.
At the time of filing the complaint, the landlord will
be given a date and time to appear in court. Also at
the time a citation will be prepared notifying the
tenant of the hearing.
ALTERNATIVE FOR EVICTING A TENANT:
WRIT OF POSSESSION:
If tenant fails to vacate the property after the
expiration of 5 days from the day of judgment was
entered which is required by law, on the 6th day the
landlord may request a writ of possession. A writ of
possession allows the constable to oversee the move-out
of the defendant(s) from the leased premises, and insure
no breach of peace is violated. Officer may post
warning on front door that writ will be executed at
future date and time. They may engage services of
warehousemen to remove and store property. Officer may
not require landlord to store property, and if
necessary, use reasonable force in executing writ.
Download a copy of Sworn Complaint for Forcible Detainer