The information contained herein is FOR YOUR INFORMATION and is offered as a guide to all interested parties. As always, we recommend that you consult an attorney.

THIS INFORMATION IS FOR PROCEDURE ONLY. IT IS NOT INTENDED FOR LEGAL ADVICE OR TO TAKE THE PLACE OF AN ATTORNEY. THIS OFFICE CANNOT GIVE LEGAL ADVICE.

Justice Court is a court in which parties can settle disputes in which a money judgment or other action is sought. Justice Court is a court that settles disputes over evictions, foreclosure of mortgages, deed restrictions, and others.

VENUE:
Suit should be filed in the county and precinct where one or more Defendant(s) reside. (Civil Practice and Remedies Code 15.082) If the suit is based on a contract or tort. the Defendant may also be sued in the county where the contract was entered into or to be performed, or where the tort occurred. If the suit is filed in this court and the Defendant filed a Motion to Transfer Venue (a request that the suit be transferred to another county or precinct), the Plaintiff will be liable for any additional filing fee if the suit is transferred.

JURISDICTION:
Jurisdiction (an issue over which the Court has authority) in Justice Court suits is for civil matters in which exclusive jurisdiction is not in the County or District Court and in which the amount in controversy is not more than $10,000.00, exclusive of interest. Justice Court also has jurisdiction over suits for foreclosure of mortgages and enforcement of liens on personal property where the amount in controversy is not more than $10,000.00, exclusive of interest. Justice Court also has jurisdiction over deed restriction cases with no limit on monetary amount.

FILING SUIT:
The responsibility for completing the petition rests with the Plaintiff. PLEADINGS MUST BE FILED IN DUPLICATE. The Court Clerks will assist with procedural questions. It is important that the Plaintiff understand that for a judgment to be valid, it is necessary to sue the Defendant in their legal capacity. They are as follows:

• INDIVIDUAL - a party personally responsible for damages.
• SOLE PROPRIETOR OR PARTNERSHIP - a business that is not incorporated but has filed an assumed name certificate with the County Clerk in the county of business that lists the owner(s). The County Clerk's office for Williamson County is in Georgetown. For more information, see the County Clerk's Web site.
• CORPORATION - a business that is incorporated. To sue a corporation, the Plaintiff must find the name of the REGISTERED AGENT, PRESIDENT, OR VICE PRESIDENT of the corporation before filing the suit. The Secretary of State [(512) 463-5555] has that information. The Plaintiff will also need the ADDRESS of the REGISTERED AGENT, PRESIDENT, OR VICE PRESIDENT for service of citation. When the suit is filed, the Plaintiff will be filing against the corporation and serving the citation on one of the above mentioned officers of the corporation. It is also possible for an incorporated entity to have as assumed name, e.g. John's Auto Shop, Inc. dba John's Garage.

COSTS IN WILLIAMSON COUNTY AND SERVICE FEE IF OUTSIDE WILLIAMSON COUNTY:
The filing fee is $31.00. A counterclaim filing fee is $31.00.  In addition, there is a fee for serving the Defendant, which is $70.00 per Defendant if served in Williamson County. If the defendant is to be served outside of Williamson County, Texas:

1. Call the county courthouse in the county where the Defendant is to be served.
2. Ask for the name of the Constable or Sheriff in the precinct where the Defendant is to be served; then call that office and find out the service fee for serving a Justice Court Citation.
3. Get the address of the Constable or Sheriff who will be serving the citation.

CITATION:
Unless the Court is informed by the Plaintiff of the election of another entity for service, the Court will forward the citation to the Constable. Citations that will be served in a county other than Williamson will be returned to Plaintiff, Plaintiff's agent, or attorney to forward to the appropriate agency for service.

ANSWER:
The Defendant(s) in the suit must file a written answer with the Court by the Monday following the expiration of ten days from the date the citation was served upon the Defendant(s). The Rules of Court govern a proper written answer.  

REPRESENTATION:
An individual may represent themselves in a Justice Court suit if they choose. Corporations have to be represented by an attorney. The Rules of Evidence and the Rules of Procedure apply.

PREPARING YOUR CASE FOR TRIAL:
The Plaintiff has the burden of proof and must meet that burden by showing thorough evidence that the Defendant is at fault. The Plaintiff should bring to trial all proof of damages and evidence necessary to substantiate the claim. It is the Plaintiff's or Defendant's responsibility to furnish copies of information to the Court and all parties involved. Witnesses to the suit, who will not come to court voluntarily, may be issued a subpoena to compel them to appear. Submit a request for a subpoena in writing at least one week prior to the trial date and pay the required fee for service. ($10.00 cash for witness fee and $70.00 for service in Williamson County)

When the defendant cannot be properly served, the case remains in our file until the plaintiff provides an adequate address to accomplish service.  If service cannot be accomplished, the case will be set on a Want of Prosecution Docket one year after the last attempted service.

When a defendant has been properly served, the court will not set any hearings until either the Plaintiff or Defendant makes a written motion to put the case on the docket, and when that happens, the Civil Clerk will set a Pre Trial Hearing, unless both parties waive the pretrial in writing.

AFTER JUDGMENT:
After judgment is entered, the losing party has ten days to appeal the case to the County Court at Law in Williamson County. Should the Court rule the Plaintiff recover nothing or should the Plaintiff receive a judgment for less than requested, the Plaintiff may appeal the case to the County Court within ten days. If an appeal is not filed within ten days from the date the judgment is signed, or if a Motion to Set Aside a Default Judgment or a Motion For New Trial is not filed within 5 days from the date the judgment is signed, the judgment becomes final.

THIS COURT DOES NOT COLLECT THE JUDGMENT FOR YOU:
Some remedies to collect a judgment are as follows:
1. ABSTRACT OF JUDGMENT:
The winning party may obtain an Abstract of Judgment after the judgment is final. The fee for obtaining an Abstract of Judgment is $5.00. The Abstract will be mailed to the party requesting it. The Abstract of Judgment may be filed with the County Clerk's office in the county where the losing party may have real property. After the Abstract of Judgment is filed with the County Clerk, if the losing party sells any real property within 10 years from the date of judgment, the amount of the judgment should be paid. The County Clerk may charge an additional fee for filing the Abstract of Judgment.
2. WRIT OF EXECUTION:
A Writ of Execution may be obtained any time after 30 days from the date of judgment. A Writ of Execution allows a Constable or Sheriff to seize non-exempt property from the losing party. If property is seized, an auction is held and the proceeds from the sale are credited toward your judgment. The cost for obtaining a Writ of Execution in Williamson County is $5.00, the Constable’s service fee is $150.00 ($500 - With plaintiff direction to withhold or release levy, withhold cancel or recall write without Constable completing collection of judgement costs, except Tax Foreclosure Order of Sale ).
There may be other remedies available, which are not covered here. PLEASE CONSULT AN ATTORNEY FOR ANY OTHER REMEDIES TO COLLECT A JUDGMENT. SHOULD THE LOSING PARTY PAY THE AMOUNT OWED IT IS NECESSARY TO NOTIFY THE COURT IN WRITING. ADDRESS CHANGES SHOULD BE REPORTED TO THE COURT.

ADDITIONAL INFORMATION:

ALTERNATE SERVICE:
The Defendant in a Justice Court suit should be served personally by the Constable or Sheriff of the county. Sometimes, service is avoided by the Defendant and an alternate method of service is necessary. The Constable, Sheriff, or process serving entity may file an affidavit with the Court stating that service upon the Defendant has not been obtained for various reasons. The Plaintiff may make a motion to the Court that the Defendant be served by alternate service after the Court receives the officer's affidavit. The alternate service may be as provided by statute(s). The Plaintiff will be notified to come to the Court to sign the motion for alternate service. If this is approved, the Judge will sign the order and the citation is returned to the process serving entity.

APPLICABLE STATUTES GOVERNING JUSTICE COURT INCLUDE BUT ARE NOT LIMITED TO CHAPTER 27 OF THE GOVERNMENT CODE, RULES OF COURT, CIVIL PRACTICE AND REMEDIES CODE AND PROPERTY CODE.