Small Claims Court in El Paso

In El Paso, TX small claims cases are typically filed in the Justice of Peace Court. El Paso, TX has eight Justice of Peace Courthouses that handle small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the El Paso Court System.

Small Claims

A small claims case is a way for someone to seek compensation when they believe another person or business owes them money or has taken their property. To start this process, the person bringing the case—called the plaintiff—files a lawsuit in a justice court against the individual or company being accused, known as the defendant.

There are several common reasons you might file a small claims case, including:

1. The defendant didn’t keep a promise, leading to your financial loss (this is called breach of contract).
2. The defendant owes you money and refuses to pay it back.
3. The defendant has damaged your property or caused you harm.
4. The defendant is holding onto your personal belongings.

However, there are also limits on what you can pursue in small claims court. You can’t file a case if:

1. The amount you’re seeking is over $20,000.
2. The personal property in question is valued at more than $20,000.
3. You’re trying to reclaim or gain ownership of real estate (like land).
4. You’re suing for defamation, libel, or slander.

Additionally, the court can’t issue orders that force someone to do something or stop doing something, like compelling a defendant to provide a service or to stop posting about you online.

File a Small Claims

If you’re considering filing a small claims case, it’s important to go after the person or business responsible for your losses or holding your property. If you’re suing a non-corporate business, start by checking with the county clerk to identify the owners or partners. For corporations, you’ll need to find out who the registered agent, president, or vice-president is.

To gather more information about a business’s legal status, you can:

1. Visit the Assumed Names Records at the County Clerk’s office.
2. Call the Corporation Division of the Secretary of State at 512-463-5555, or check their website for more details.
3. Reach out to the Office of the State Comptroller at 1-800-252-1386.

When Can I File a Small Claims

You can only file a small claims case within a certain time frame after the incident, which is known as the statute of limitations. For breach of contract cases, you usually have four years to file, unless the contract states otherwise. For most other claims, the limit is two years.

If you miss this deadline, your case will likely be dismissed. If you're uncertain about how the statute of limitations affects your situation, it can be helpful to talk to an attorney for guidance.

Where Do I File

You file small claims cases in a justice court, where a justice of the peace will hear your case. While you can technically submit your claim in any justice court in Texas, it’s crucial to pick the right location. If you file in the wrong court, the defendant can ask to move the case, which may mean you have to pay the filing fees again.

Generally, you can file your case in:

• The precinct and county where the defendant lives
• The precinct and county where the contract was supposed to be fulfilled, if it’s a contract issue
• The precinct and county where the property damage or injury took place
• The precinct and county where the personal property in question is located.

File a Small Claims Case

1. Complete a Petition
   • Start by outlining who you’re suing, the reason for the lawsuit, the amount you’re seeking, and your contact information. If you’re suing a doctor for medical malpractice, it’s a good idea to consult an attorney first. The court typically provides petition forms for your convenience.
2. Pay the Filing Fee
   • When you submit your petition, you’ll need to pay a filing fee of $54.
3. Serve the Petition and Citation
   • Next, you need to deliver the petition and citation (which is the notice to the defendant). You can do this either in person or by using certified or registered mail. If you choose to mail the documents, make sure to request a return receipt with restricted delivery.
4. Important Note:
   • You cannot serve the paperwork yourself. Instead, hire a private process server or pay the constable, sheriff, or court clerk to deliver the documents. Service fees can vary by county, so be sure to check with the court for specific details.
5. If You Win
   • If your case is successful, you’ll receive your filing fees back along with any other money you recover.

Court Fees

• Justice Court Claims: $139.00
• Constable Service Fee for Civil Cases: $85.00 per defendant
• Evictions: $154.00
• Constable Service Fee for Evictions: $100 per defendant
• Abstract of Judgment: $5.00
• Writ of Execution:
  • Writ Issuance Fee: $5.00
  • Executing Agency Service Fee: $200.00
• Writ of Possession:
  • Filing Fee: $5.00
  • Constable Fee: $200.00
  • Total: $225.00
• Jury Fee: $22.00
• Subpoena Fee: $85.00
• Counterclaim Fee: $54.00
• Writ of Reentry: $225.00

Accepted Payment Methods

This office accepts the following forms of payment:

• Cash
• Personal Check
• Cashier's Check
• Money Orders
• Debit Cards
• Major Credit Cards

If I Can’t Afford to File a Case

If you can’t afford to file a case, courts are required to help ensure you still have access to justice. You can fill out a Statement of Inability to Afford Payment of Court Costs form, which the court must provide for you. It’s important to fill this form out carefully, as you’ll need to affirm that your information is true. Providing inaccurate information could lead to legal consequences.

Lawyer

• You don’t need a lawyer to file a small claims case, as the process is designed to be straightforward enough for you to represent yourself. However, if you decide not to hire legal representation, you can have a family member or another unpaid helper assist you in court. They can provide guidance on the process but won’t be able to speak on your behalf.
• The court is required to provide you with the Rules of Civil Procedure for free, specifically Rules 500-507, which relate to small claims cases.
• While the court can’t advise you on your chances of winning, whether you should file, or who to sue, they can answer procedural questions, such as how to request a jury trial or the deadlines for filing an appeal.
• If you still feel uncertain about how to move forward after reviewing the materials and rules, consulting an attorney might be a wise choice.

After I File a Small Claims

• Keep Your Address Updated: After filing a small claims case, ensure your address is current with both the court and the other party to receive all necessary paperwork and notices.
• Citation Issuance: The court will issue a citation to notify the defendant that they are being sued.
• Serving the Citation:
  • The citation must be served to the defendant.
  • You can serve it by:
    • Paying the service fee for a constable or sheriff.
    • Hiring a private process server.
  • If you can’t afford the fee, you can submit a Statement of Inability to request a waiver.
• Defendant’s Response: Once served, the defendant has 14 days to respond with an answer, which they must also send to you.
• Scheduling: If the defendant responds, the court will schedule your case for either a trial or a pre-trial hearing.
• Pre-Trial Hearing: During the pre-trial hearing, you can address various issues, such as:
  • Requesting an interpreter.
  • Asking the court to subpoena a witness to testify at trial.

If the Defendant Doesn’t Answer

• Request a Default Judgment Hearing: If the defendant doesn’t respond within 14 days, you can ask for a default judgment hearing. This allows you to present your case and seek a judgment for the money or property you’re entitled to.
• Provide Required Information: To obtain a default judgment, you must submit the defendant's last known address in writing to the court, along with an affidavit regarding their military status. The affidavit should confirm one of the following:
  • The defendant is on active duty.
  • The defendant is not on active duty.
  • You do not know their status.
• Explain Your Knowledge: In your affidavit, explain how you know this information or why you are unable to determine their status.
• Verify Military Service: You can verify military service through the Department of Defense website at https://scra.dmdc.osd.mil/.

Discovery

Definition of Discovery

• Discovery is the process of exchanging information between parties involved in a lawsuit before the trial.

Judge Approval

• Discovery requires the judge's approval; the other party must provide information only after the judge agrees to the requests.

Submitting a Motion

• If you want the defendant to answer questions or provide information, you need to submit a motion for discovery to the court.
• Requests must be “reasonable and necessary” and relevant to your case.

Examples

• Reasonable Request: Asking for emails related to specific work.
• Unreasonable Request: Requesting all emails from the past three years.

Responding to Requests

• If you receive an approved discovery request, respond with the requested information or file an objection.
• Ignoring a discovery request can lead to penalties, including possible dismissal of your case.

Importance

• It’s crucial to address discovery requests properly to avoid negative consequences.

Serve the Defendant

To send paperwork such as motions, requests for hearings, or appeals to the defendant, you have several options:

• Deliver it in person
• Mail it using certified or registered mail
• Use a delivery service like FedEx or UPS
• Fax it
• Email it, if the defendant has provided their email address for this purpose and agreed to it in writing

When you submit the paperwork to the court, make sure to include a note detailing how and when you delivered it to the defendant.

Agreement

If you and the defendant reach a settlement before the trial, the court can enter a judgment that reflects the agreed amount. However, the court cannot include specific terms, such as payment plans or deadlines, in that judgment.

If you want those details included in your settlement, you’ll need to create a written contract signed by both parties. If the defendant fails to honor that agreement, you can file a new lawsuit for breach of contract.

Trial

Trial Day Checklist

• Bring Your Evidence: Ensure you have all your witnesses and documents ready for the trial.

Jury Selection (if applicable)

• This begins with a process called voir dire.

Opening Statement

• You will have the opportunity to explain your case to the judge and jury.

Witness Testimony

• Call your witnesses to testify.
• The defendant will have the chance to question your witnesses.

Your Testimony

• You can also testify and present evidence, such as documents, contracts, and receipts.

Defendant's Presentation

• The defendant will present their evidence and witnesses.
• You can cross-examine their witnesses by asking relevant questions while remaining calm and respectful.

Closing Arguments

• Both sides can summarize their case and explain why they believe they should win.

Decision Announcement

• The jury (if present) or the judge will announce their decision in open court.
• A written judgment will be made available afterward.

If I Lose a Small Claim

Judgment in Favor of the Defendant

• Motion for a New Trial: You can file a motion for a new trial within 14 days if you believe justice wasn’t served. This allows you to request a “do over” in the same justice court.
  • A filing fee of $54 is required, or you can submit a Statement of Inability to Afford Payment of Court Costs.
  • Send a copy of the motion to the defendant within one day of filing.

Filing an Appeal

• Appeal to County Court: Alternatively, you can appeal to the county court within 21 days of the judgment.
  • If your motion for a new trial is denied, you can still appeal within 21 days of that denial.
  • The county court will hear the case anew (de novo), setting aside the justice court’s judgment.

Appeal Requirements

To appeal, you must file one of the following:

• An appeal bond of $500 (a promise by a surety to pay if you don’t pursue the appeal).
• A cash deposit of $500, which may go to the defendant if you don’t pursue the appeal.
• A Statement of Inability to Afford Payment of Court Costs if you can’t afford a bond or deposit. A filing fee of $54 is required for the appeal or you can submit a Statement of Inability to Afford Payment of Court Costs.
• Send a notice of the appeal to the defendant within seven days.

Separate Filing Fee

Once the appeal is filed with the county court, you will need to pay a separate filing fee or submit a Statement of Inability to Afford Payment of Court Costs.

If I Win a Small Claim

Winning the Case

• Judgment in Your Favor: If the judgment is in your favor, you likely won’t receive a check for the full amount immediately. The defendant may file a motion for a new trial or an appeal.
• Responsibility for Enforcement: It’s your responsibility to enforce the civil judgment, not the court’s.

Post-Judgment Discovery

• You can send questions to the defendant about their assets that could satisfy the judgment.
• The defendant has at least 30 days to respond.
• No judge’s approval is needed for post-judgment discovery.

Abstract of Judgment

• If the defendant owns real property, obtain an abstract of judgment from the court and file it with the county clerk.
• This creates a lien on the property, allowing you to receive proceeds if the property is sold.

Writ of Execution

• A writ of execution allows the constable to seize the defendant’s personal property to satisfy the judgment.
  • Important: Many personal items are exempt from seizure.
  • To obtain a writ of execution, file an application with the court at least 30 days after the judgment.

Writ of Garnishment

• A writ of garnishment is used to claim money or property belonging to the defendant that is held by another person or company, often from a bank account.
• To file, submit an application with an affidavit to the court explaining your entitlement to garnishment.
  • Important: If no money or property is found, you may have to pay attorney fees related to the response, so ensure it’s the best option before proceeding.

Let Squabble Help You With Your Small Claim at El Paso

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at El Paso small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.

Courthouse Locations:

1. Precinct 1 - Robert T. Pearson

424 Executive Center
Suite 100
EL Paso, Texas 79902
(915) 273-3052
https://www.epcounty.com/jp/jp1.htm

BUILDING HOURS

• Monday - Thursday 7:30 AM - 12:00 PM and closed from 12:30 pm - 4:30 pm - Friday 8:00 AM - 12:00 PM, except court holidays.

2. Precinct 2 - Brian J. Haggerty

4641 Cohen Ave.
Suite A
EL Paso, Texas 79924
(915) 273-3458
https://www.epcounty.com/jp/jp2.htm

BUILDING HOURS

• Monday - Thursday 9:00 AM - 4:00 PM and Friday 9:00 AM - 12:00 PM, except court holidays.

3. Precinct 3 - Josh Herrera

500 E. San Antonio
3rd Floor, Suite 308
EL Paso, Texas 79901
(915) 546-2170
https://www.epcounty.com/jp/jp3.htm

BUILDING HOURS

• Monday - Friday 8:00AM - 5:00PM and closed 12:00 AM - 1:00 PM, except court holidays.

4. Precinct 4 - Rebeca Bustamante

2350 George Dieter Suite A EL Paso, Texas 79936 (915) 273-3505 https://www.epcounty.com/jp/jp4.htm BUILDING HOURS Monday - Wednesday 8:00 AM - 4:30 PM, Thursday 8:00 am - 5:00 pm, and Friday 7:45 AM - 12:30 PM, except court holidays.

5. Precinct 5 - Lucilla Najera

9521 Socorro Rd.
Suite B2
EL Paso, Texas 79927
(915) 273-3477
https://www.epcounty.com/jp/jp5.htm

BUILDING HOURS

• Monday - Friday 8:00 AM - 4:45 PM and closed for lunch 12:00 PM - 1:00 PM, except court holidays.

6. Precinct 6-1 - Ruben Lujan

190 N. San Elizario Rd.
Clint, Texas 79836
(915) 273-3446
Mailing Address
PO Box 597
Clint, Texas 79836
https://www.epcounty.com/jp/jp6-1.htm

BUILDING HOURS

• Monday - Thursday 8:00 AM - 4:00 PM and Friday 8:00 PM - 11:30 PM, except court holidays.

7. Precinct 6-2 - Enedina Nina Serna

14608 Greg Dr.
EL Paso, Texas 79938
(915) 273-3129
Mailing Address
PO Box 597
Clint, Texas 79836
https://www.epcounty.com/jp/jp6-2.htm

BUILDING HOURS

• Monday - Thursday 8:00 AM - 4:30 PM and Friday 8:00 PM - 11:30 PM, except court holidays.

8. Precinct 7 - Humberto Enriquez

435 E. Vinton Rd.
Suite C
Vinton, Texas 79821
(915) 273-3513
https://www.epcounty.com/jp/jp7.htm

BUILDING HOURS

• Monday - Friday 8:00 AM - 5:00 PM, except court holidays.