Small Claims Suit

Overview
The following information is regarding Small Claims suits. If you have any other procedural questions, please contact our Civil Clerk at 972-204-6720. This court cannot answer any legal questions.

Limitations
The amount of debt or damages for which you may sue in Small Claims Court may not exceed the limit of the court, which is $10,000. In all civil suits, the defendant has the right to be suited in the county and precinct in which the defendant resides. There are exceptions to this rule.

If, as plaintiff, you are in the business of loaning money either primarily (banks, credit unions, savings and loans), or secondarily (credit cards) you are not allowed to file in the Small Claims Court. However, an attorney representing any of the above may file suits on the behalf of the above in the Justice Court. Also, an action in Small Claims Court may not be brought by an assigned claim or collection agency.

Legal Capacity of Defendant
It is your burden as a plaintiff to sue the defendant in their proper legal capacity, of which there are typically three. Learn more about the types of legal capacity.

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 suit has been filed against him in this court.

The citation will order the defendant to answer this suit on or before 10:00 am the Monday following the expiration of fourteen 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 a trial date. We discourage motions for continuance. Any request for a continuance must be in proper form and timely filed.

Small Claims Petition

Witnesses
If you have witnesses who will not come to court voluntarily, you may come in on 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.

Notarized statements for individuals are of very little value. Personal appearance and testimony is much more beneficial.

Judgement
Learn more about what happens during judgement.

To locate information about Precincts please use the Precinct Finder.