Harris County Small Claims Court
The magistrate or small claims court was designed so that disputes under a certain amount ($15,000) could be handled informally. The process is designed to be quick and inexpensive.
What are the procedures for filing a case?
The plaintiff (or person filing the action) needs to file a sworn statement with the magistrate court clerk in the proper county. The sworn statement simply spells out the claims made against the defenant and includes the facts on which the claim is based. The sworn statement should usually include the following:
- As the plaintiff, include your name, address, and telephone number (and your attorney’s if you retain one)(This is to ensure the court and other parties can contact you should the need arise).
- Include the name and street address of the defendant (this is what the court will use to serve the defendant)
- Include the amount of money you are asking for as the plaintiff
- Brief, succint statement detailing why the defendant is being sued (include dates of all relevant events)
- Copies of all relevant documents regarding the claim (for example, any contracts, receipts, etc.)
- allow defendant the opportunity to put on evidence and issue a decision without the plaintiff present.
- Postpone the case until a later date
- The court can dismiss the case
- Make sure you have copies of all the documents you need for your case. Prepare copies to provide to the opposing party and the court.
- Speak with all witnesses you intend to call to support your case. You should confirm they are available and willing to appear on the hearing date.
- If a witness will not agree to appear, you need to subpoena them.
- If you need additional documents for your case, you can issue a subpoena for those documents to obtain documents from other parties.
- A subpoena is a piece of paper completed by you and issued by the court which commands certain persons to appear in court and may direct them to bring documents with them or to produce evidence. A subpoena can be obtained from the clerk’s office.
When will my hearing date be?
In Harris County, the court selects the hearing date after the defendant responds to the claim. The date for the hearing is usually fifteen to thirty days after the defendant files an answer.
Types of Cases Filed in Harris County Small Claims Court
Here are examples of cases that are often found in small claims court:
- Renter does not or will not ay for damages to rental property
- A landlord wants to evict a tenant for failure to pay rent
- Renter moves out and Owner fails to return deposit
- A merchant refuses to repair, replace, or refund faulty merchandise
- Borrower refuses to pay back money which was loaned
- Business loses or damages personal property and refuses to pay
- Unnecessary repairs or work done on a car by a mechanic
Harris County Court Location
The magistrate court for Harris County is located at:
It can be reached by telephone at: 706-628-4977. The fax number is 706-628-5416. The magistrate judge is Chief Magistrate Jennifer B. Webb.
Hearing Procedures and Mediation
Some counties require you to go to mediation before a hearing in front of a judge. Mediation is a dispute resolution tool designed to try and resolve the case by meeting with an independent third party who can evaluate the case and try to reach a settlement that is agreeable to all parties. Even if the parties agree to settle the case out of court, the plaintiff may still ask the defendant to pay court costs (costs for filing the case, serving defendants, any subpoenas issues, etc.). If the parties cannot agree to settle the case, the the court will hear arguments presented by the plaintiff and the defendant. The court will also allow the plaintiff and defendant to question or dispute each other’s evidence during the hearing. When both parties are done, the judge will issue a decision (or judgment). The court could award damages to the plaintiff, the defendant, or both depending on the merits of the case.
If the plaintiff fails to appear at the hearing, the court may:
If the defendant does not show at the hearing, the court has the power to grant a default judgment against the defendant. It is called a default judgment because the plaintiff wins the case by “default.” We recommend making sure you attend the hearing regardless of whether you are the plaintiff or the defendant (regardless of whether you think the case is good or bad).
How do I appeal a judgment?
If a party is not satisfied with the court’s decision, that party may file an appeal. The appeal will be heard in the state or superior court of Harris County. Either party may request a jury trial for purposes of the appeal (something which is unavailable at the magistrate court level). The appeal must be filed within thirty days of the court’s decision.
How Much Time Does a Defendant Have to Answer?
After the plaintiff files the claim, the magistrate court will serve the defendant with a copy of the claim (including the sworn statement) and a summons (with the date and time of the hearng) to appear in court. From that point, the defendant has thirty days to respond or answer.
Default Judgments
If the defendant fails to appear at the hearing or respond to the claim, the judge can issue a default judgment against the defendant. If a default judgment is granted, the plaintiff is entitled to what he or she asked for in the action and court costs. An additional hearing by the court will be necessary if the plaintiff asked for something that does not have a specific dollar amount. The defendant has a 30 day window to respond to plaintiff’s claim. If the defendant fails to respond, the defendant is in default.
Can I file my case in Harris County?
If you are suing a person, you must file the case in the County where they live. If the defendant lives in Harris County, you can file the case in this County. If the person you are suing is a corporation, the case must be filed in the County where the registered agent for service of process is located. In order to find the registered agent for service of process, contact the contact the Corporations Division of the Secretary of State either online or at 404-656-2817. If the business you are suing is unincorporated, you should file the case in the County where the business is physically located.
Plaintiff has to also pay a filing fee which is submitted with the initial paperwork. A portion of the filing fee is for the cost for the court clerk to serve one defendant. The actual filing fee varies amongst counties but is usually between $45 and $55. There is an extra charge for service for any additional defendants (if you are suing more than one person). The extra charge could is usually between $25-$35 (to serve the added party).
The Clerk for the Magistrate Court can direct you to the necessary forms (and review them for completeness) but is prohibited by law from giving legal advice. A clerk would be able to review your forms to make sure there is a signature in the appropriate blanks but will not be able to tell you which party you should sue. The clerk will also not be able to tell you whether he or she believes you will win your case.
Can the Defendant File a Claim Against the Plaintiff?
The defendant is able to sue the plaintiff (this is called a counterclaim). The defendant can file this against the plaintiff’s original claim if it is related to the initial claim and the amount asked for by the defendant is les than $15,000. The counterclaim of the defendant is generally heard by the magistrate court at the same time as the plaintiff’s initial claim.
Can I hire an attorney?
In
How should I prepare for the hearing?
Prior to the hearing you should:
I would like to file a small claim against a customer who has not paid. Is there a form you can email me?