CHAPTER 28. SMALL CLAIMS COURTS
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE A. COURTS
CHAPTER 28. SMALL CLAIMS COURTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 28.001. SMALL CLAIMS COURT. In each county, there is a
court of inferior jurisdiction known as the small claims court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 28.002. JUDGE. Each justice of the peace sits as judge of
the small claims court and exercises the jurisdiction provided by
this chapter.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 28.003. JURISDICTION. (a) The small claims court has
concurrent jurisdiction with the justice court in actions by any
person for the recovery of money in which the amount involved,
exclusive of costs, does not exceed $10,000.
(b) An action may not be brought in small claims court by:
(1) an assignee of the claim or other person seeking to bring an
action on an assigned claim;
(2) a person primarily engaged in the business of lending money
at interest; or
(3) a collection agency or collection agent.
(c) A person may be represented by an attorney in small claims
court.
(d) This section does not prevent a legal heir from bringing an
action on a claim or account otherwise within the jurisdiction of
the court.
(e) A corporation need not be represented by an attorney in
small claims court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 745, Sec. 3, eff. June 20,
1987; Acts 1989, 71st Leg., ch. 501, Sec. 1, eff. Aug. 28, 1989;
Acts 1989, 71st Leg., ch. 802, Sec. 4, 5, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 776, Sec. 4, eff. Sept. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
383, Sec. 3, eff. September 1, 2007.
Sec. 28.004. FEES. Fees in small claims court are, except as
provided by Subchapter E, Chapter 118, Local Government Code, the
same as those for cases in justice courts.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 974, Sec. 3, eff. Sept. 1,
1987; Acts 1989, 71st Leg., ch. 1, Sec. 19(b), eff. Aug. 28,
1989; Acts 1989, 71st Leg., ch. 2, Sec. 8.26, eff. Aug. 28, 1989.
Sec. 28.005. SUPPLIES. The commissioners court shall furnish to
the justices of the peace a reasonable number of blank forms,
docket books, and other supplies necessary for the small claims
court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 28.006. SMALL CLAIMS COURT SEAL. (a) The commissioners
court shall furnish to each judge of a small claims court a seal
that has a star with five points in the center. The seal must
also have "Small Claims Court, __________ County, Texas" and any
applicable precinct number on it.
(b) The seal may be attached to all process other than subpoenas
issued out of the small claims court and may be used to
authenticate the official acts of the clerk and the judge of the
small claims court.
(c) The seal may be affixed by a seal press or stamp that
embosses or prints the seal.
Added by Acts 1991, 72nd Leg., ch. 747, Sec. 2, eff. Sept. 1,
1991.
SUBCHAPTER B. INSTITUTION OF CLAIM
Sec. 28.011. VENUE. An action in small claims court must be
brought in the county and precinct in which the defendant
resides, except that:
(1) an action on an obligation that the defendant has contracted
to perform in a certain county may be brought in that county; and
(2) an action for which venue is proper under Section 15.099,
Civil Practice and Remedies Code, may be brought as provided by
that section.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1985, 69th Leg., ch. 480, Sec. 25, eff. Sept. 1,
1985; Acts 1987, 70th Leg., ch. 148, Sec. 2.31, eff. Sept. 1,
1987.
Sec. 28.012. INSTITUTION OF ACTION. (a) To institute an action
in small claims court, the claimant, attorney for the claimant,
or authorized agent of the claimant must:
(1) appear before the judge or the clerk of the court and file a
statement of the claim under oath; or
(2) file a sworn statement of the claim with the judge or clerk
of the court.
(b) The statement must be in substantially the following form:
In the Small Claims Court of ________ County, Texas
A. B., Plaintiff
vs.
C. D., Defendant
State of Texas
County of ___________
A. B., whose post office address is ____________________(Street
and Number), ___________(City), ____________ County, Texas, being
duly sworn, on his oath deposes and says that C. D., whose post
office address is ____________________(Street and Number),
___________(City), _____________ County, Texas, is justly
indebted to him in the sum of _______ Dollars
and _______ Cents ($________), for
________________________________________________________________________________________________________________________________________________________________________________________________
(here the nature of the claim should be stated in concise form
and without technicality, including all pertinent dates), and
that there are no counterclaims existing in favor of the
defendant and against the plaintiff, except
___________________________________
______________________
Plaintiff
Subscribed and sworn to before me this ___day of ____, 19___.
_____________________
Judge
By:__________________
Clerk
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 745, Sec. 4, eff. June 20,
1987; Acts 1989, 71st Leg., ch. 802, Sec. 6, eff. Sept. 1, 1989.
Sec. 28.013. CITATION. (a) On filing the statement and payment
of the filing fee, the judge or clerk shall issue process in the
manner provided for a case in justice court.
(b) Citation is served by an officer of the state authorized to
serve other citations.
(c) Citation may be served in any manner authorized for service
of citation in a district court, county court, or justice court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 802, Sec. 7, eff. Sept. 1,
1989.
Sec. 28.014. MOTION TO TRANSFER VENUE. The defendant may file a
written motion to transfer venue as provided by the rules
governing justice courts. The final ruling of the judge on the
plea is interlocutory and may be appealed only with an appeal of
the final judgment.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 802, Sec. 8, eff. Sept. 1,
1989.
SUBCHAPTER C. HEARING
Sec. 28.031. FAILURE TO APPEAR. (a) If a defendant who has
been served with citation fails to appear at the time and place
specified in the citation, the judge shall enter a default
judgment for the plaintiff in the amount proved to be due. The
judge may set aside the default judgment if, not later than the
10th day after the default judgment is signed, the defendant
files with the court a written motion showing good cause for
setting aside the judgment.
(b) If the plaintiff does not appear, the judge may enter an
order dismissing the action without prejudice. The judge may set
the case for trial if, not later than the 10th day after the
judge dismisses the action, the plaintiff files with the court a
written motion showing good cause to set aside the dismissal.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 802, Sec. 9, eff. Sept. 1,
1989.
Sec. 28.032. POSTPONEMENT. The judge may grant a postponement
or continuance only for good cause shown.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 28.033. HEARING. (a) If both parties appear, the judge
shall proceed to hear the case.
(b) Formal pleading other than the statement is not required.
(c) The judge shall hear the testimony of the parties and the
witnesses that the parties produce and shall consider the other
evidence offered.
(d) The hearing is informal, with the sole objective being to
dispense speedy justice between the parties.
(e) Reasonable discovery in small claims court shall be
permitted. Discovery is limited to that considered appropriate
and permitted by the judge.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 802, Sec. 10, eff. Sept. 1,
1989.
Sec. 28.034. DUTY OF JUDGE TO DEVELOP CASE. The judge shall
develop the facts of the case, and for that purpose may question
a witness or party and may summon any party to appear as a
witness as the judge considers necessary to a correct judgment
and speedy disposition of the case.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 28.035. JURY TRIAL. (a) A party is entitled to a jury
trial if the requesting party files a request with the court not
later than one day before the date on which the hearing is to be
held and at the same time pays the jury fee to the judge.
(b) The jury is provided as in other civil cases in justice
court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER D. JUDGMENT; APPEAL; EXECUTION
Sec. 28.051. JUDGMENT. (a) On conclusion of the hearing, the
judge shall render judgment as the justice of the case requires.
(b) If the judgment is against the defendant, the defendant
shall pay the judgment immediately.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 28.052. RIGHT TO APPEAL. (a) If the amount in
controversy, exclusive of costs, exceeds $250, a dissatisfied
party may appeal the final judgment to the county court or county
court at law.
(b) Except to the extent of any conflict with this subchapter,
appeal is in the manner provided by law for appeals from justice
courts.
(c) A person determined by the court to be indigent may, in
making an appeal under this section, file an affidavit of
inability to pay as provided for in Rule 145, Texas Rules of
Civil Procedure.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch.
381, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1383, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1351, Sec. 7, eff. September 1, 2009.
Sec. 28.053. DE NOVO TRIAL ON APPEAL. (a) The county court or
county court at law shall dispose of small claims appeals with
all convenient speed.
(b) Trial on appeal to the county court or county court at law
is de novo. No further pleadings are required.
(c) All costs not previously paid by the parties accrue until
judgment is rendered on the appeal.
(d) A person may appeal the final judgment of the county court
or county court at law on the appeal to the court of appeals.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1351, Sec. 8, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1351, Sec. 9, eff. September 1, 2009.
Sec. 28.054. ENFORCEMENT OF JUDGMENT. If the defendant fails to
make immediate payment on the judgment, the judgment may be
enforced as in justice court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 745, Sec. 5, eff. June 20,
1987.
Sec. 28.055. JUDGMENT NOT CLAIMED BY PLAINTIFF. (a) If a
defendant has not paid a judgment in favor of the plaintiff and
the plaintiff's whereabouts are unknown, the defendant shall use
due diligence to locate the plaintiff. The defendant must send a
letter by registered or certified mail, return receipt requested,
to the plaintiff's last known address and to the address
appearing in the plaintiff's statement of his claim or other
court record.
(b) If the plaintiff is not located after the use of due
diligence, the defendant may pay to the court the amount owed
under the judgment. The judge shall immediately execute a release
of the judgment on behalf of the plaintiff and deliver the
release to the defendant.
(c) The amount paid to the court is held in trust for the
plaintiff, and at least once a month the court shall pay those
trust funds to the county clerk. The clerk shall deposit the
trust funds in the county clerk's trust fund account in the
county treasury. The funds shall be deposited, and may be
withdrawn, in the same manner as trust funds deposited in
district or county court to abide the result of a legal
proceeding.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.