INSTRUCTIONS AND
INFORMATION FOR FILING A SMALL CLAIMS COURT SUIT
1. The amount of the debt or damages or
personal property for which you may sue in Small Claims Court may not exceed the
limit of the court, which is $5000.00.
2. In all civil suits, the defendant(s),
generally has the right to be sued in the county and precinct in which he
resides. Should you be filing this suit in this county and precinct because it
is convenient to you, there may be a motion by the defendant to transfer venue
(request that this suit be transferred to some other county and
precinct).
3. It is your burden as a plaintiff and it is
important that you understand that for any potential judgment you may
receive to be valid it is necessary for you to sue the defendant in their proper
legal capacity, of which there are typically three. They are as
follows:
a. Personally: Where
an individual is responsible to you for damage he may have caused you as an
individual.
b. Proprietor or
partnership: A business that is not incorporated, but does have on file with
the County clerk an assumed name e.g. John Smith dba Greenhouse
Supplies.
c. Corporation: The
business which has allegedly caused you damage is incorporated and therefore it
is necessary to know the individuals name who is able to accept service on
behalf of the corporation. (The authorized agent for service would be listed
with the Secretary of State whose phone number is 1-800-252-5555) e.g.
Greenhouse, Inc. Serve: John Doe
4. Any change of address or phone number must
be supplied to the court and to the defendant.
5. Once you have filed the petition stating the
facts and circumstances of your suit, a citation will be served to the
defendant notifying him of the fact that a suit has been filed against him in
this court.
6. The citation will order the defendant to
answer to this suit on or before the Monday following the expiration of
ten days from receipt of the citation.
7. If the defendant answers the suit, this
court will notify both parties by mail as to the trial date. The trial
date will be approximately two weeks from the date the defendant answered the
suit. We discourage motions for continuance. However, any requests for a
continuance must be in proper form and timely filed. At least 5 working days
prior to trial date, to wit; written request supported by an
affidavit.
8. If you have witnesses who will not come to
court voluntary, you may come in two weeks prior to the trial and ask that a
subpoena be prepared to secure their presence.
FEE SCHEDULE FOR SMALL
CLAIMS COURT (NO CHECKS ACCEPTED)
| J.P. FEES | CONSTABLE FEES | TOTAL | |
| FILING FEE - DEFENDANT | $27.00 | $75.00 | $ 102.00 |
| DEFENDANTS 2 | 27.00 | 150.00 | 177.00 |
| DEFENDANT RESIDES
OUT OF
COUNTY
|
12.00 | MUST CALL THAT COUNTY | |
| JURY | 10.00 | 10.00 | |
| ABSTRACT OF JUDGMENT | 5.00 | 5.00 | |
| WRIT OF EXECUTION | 5.00 | 100.00 | 105.00 |
| SUBPOENA | 10.00 | 75.00 | 85.00 |
| WRIT OF GARNISHMENT | 10.00 | 100.00 | 110.00 |