Justice Court Suit

Overview
The following information is regarding Justice Court suits. If you have any other procedural questions, please call our Civil Clerk at 972-204-6720. This court may not answer any legal questions. More information about Abstracts and Writs may be found at the Texas Statutes site, or by consulting an attorney.

Download a Petition for Small Claims and Justice Court

Limitations
The amount of debt or damages for which you may sue in Justice Court may not exceed the limit of the court, which is $10,000. In all civil suits the defendant has the right to be sued in the county and precinct in which he resides.

Process
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.

The citation will order the defendant to answer this suit on or before 10 a.m. the Monday following the expiration of ten days from the receipt of the citation. If he fails to do so, you then become eligible for a default judgment up until the time an answer is filed.

If the defendant answers the suit, this court will notify both parties by mail of the trial date. We discourage motions for continuance. Any request for a continuance must be in proper written form and timely filed.

Witnesses
If you have witnesses who will not come to court voluntarily, you may come in one week prior to the trial and ask that a subpoena be prepared to secure their presence if you wish. The cost of a subpoena in Rockwall County is $75 per subpoena.

Trial Procedure
With respect to the trial itself, all legal rules of evidence and procedure apply in Justice Court suits. An attorney must represent corporations in Justice Court.

Judgment
Should you receive judgment, the court does not collect the judgment. However, you may request an Abstract of Judgment, and/or Writ of Execution, and/or a Writ of Garnishment to help you in collection of this judgment.

To locate information about Precincts please use the Precinct Finder.