Is there discovery in small claims court Texas?

In small claims court, the procedure for either the plaintiff or the defendant to find out more about the other side’s case is called discovery. Discovery is not a procedure readily available in small claims court — but read on, because in some instances, the procedure is used for small claims cases.

How to file a small claim in Texas?

Small Claim Cases in Texas Small claims are cases filed in the justice court system (also referred to as justice of the peace courts) in Texas. Justice courts provide a more informal setting than the district or county courts, so parties will often represent themselves rather than hiring an attorney.

Who is a defendant in a small claims case?

A plaintiff is the person who filed the complaint. A defendant is the responding person against whom the lawsuit has been filed. Small claims cases are decided by a judge or commissioner. Attorneys are not allowed to practice in Small Claims Court. This means that you need to effectively represent yourself.

Can a plaintiff who loses a small claims case appeal?

A plaintiff who loses a Small Claims Court case cannot appeal. Only a defendant can appeal a small claims case. If there is a cross complaint filed in a small claims action, either side that loses may file an appeal as the parties are both a plaintiff and a defendant.

Where can I file a small claims case for free?

The e-filing website is free to use, though you may still be required to pay standard filing fees with the court. For those filing without an attorney, this page of the eFileTexas website helps self-represented litigants (SRL) create the forms they need to begin their case.

Small Claim Cases in Texas Small claims are cases filed in the justice court system (also referred to as justice of the peace courts) in Texas. Justice courts provide a more informal setting than the district or county courts, so parties will often represent themselves rather than hiring an attorney.

How old do you have to be to go to Texas Small Claims Court?

If you are at least 18 years old (or an emancipated minor ), you can file a claim in small claims court. A landlord seeking an eviction can file suit in Texas Justice court, as well. Also, if you’d like representation, you can hire a lawyer to present your case in small claims court.

What is the purpose of Small Claims Court in Texas?

Texas Small Claims Court. The purpose of small claims court is to hear disputes involving relatively small amounts of money—for example, if you want to get your landlord to return your security deposit, or an auto repair shop to give you a refund for shoddy work.

How to file a small claim against a defendant?

The basis of the Plaintiff’s claim, stated plainly and without technicalities, including the date the claim arose; and, The amount of money the Plaintiff properly owes the Defendant, if any. Pay the Clerk a filing fee and the service of citation fee, to cover costs of serving citation on the Defendant.