Small Claims Court in Galveston County

In Galveston County, TX small claims cases are typically filed in the Justice of Peace Court. Galveston County has four Justice of Peace Precinct 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 Galveston Court System.

Small Claims

A small claims case is a legal action taken by someone who believes another person or company owes them money or has their property. In this process, they go to justice court to file the lawsuit. The one who files is called the plaintiff, while the individual or company being sued is known as the defendant.

You can file a small claims case for various reasons that fall under the court's jurisdiction. The most common grounds include:

1. the defendant failing to keep a promise, resulting in financial loss (breach of contract)
2. the defendant owes you money and refuses to pay.
3. the defendant causing damage to your property or injury to you.
4. the defendant holding onto personal property that belongs to you.

You cannot file a small claims case for several reasons, including:

1. if the amount you’re trying to recover exceeds $20,000
2. if the personal property in question is valued over $20,000
3. if you seek to recover or gain title to real property (land)
4. if you’re suing for defamation, libel, or slander.

Additionally, the justice court won’t issue orders to compel someone to act or refrain from acting, such as making a defendant fulfill a service or stop posting about you online.

File a Small Claims

You should file a small claims case against the person or business responsible for your losses or holding your property. If you're suing a non-corporate business, check with the county clerk to identify the owners or partners. For a corporation, you'll need the name of the registered agent, president, or vice-president.

To find out more about a business's legal status, you can:

1. visit the Assumed Names Records at the County Clerk's office
2. reach out to the Corporation Division of the Secretary of State at 512-463-5555 or visit their website for assistance
3. contact the Office of the State Comptroller at 1-800-252-1386.

When Can I File a Small Claims

You can file a small claims case only within a specific time frame after the incident, known as the statute of limitations. For breach of contract cases, you typically have four years, unless the contract specifies otherwise. For most other claims, the period is two years.

If you file after this time limit has passed, your case will likely be dismissed. If you're unsure about whether the statute of limitations applies to your situation, it might be helpful to consult with an attorney.

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 file in any justice court in Texas, it's important to choose the right venue. If you file in the wrong location, the defendant can request to move the case, which may result in you having to pay filing fees again.

Generally, you can file in:

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

File a Small Claims Case

Complete a Petition:

• Outline who you’re suing, why, how much you’re seeking, and your contact information.
• If suing a doctor for medical malpractice, consult an attorney first.
• The court usually provides petition forms.

Pay Filing Fee:

• A filing fee of $54 is required when you submit the petition.

Serve the Petition and Citation:

• Deliver the petition and citation (the notice to the defendant) either in person or via certified/registered mail.
• If using mail, request a return receipt with restricted delivery.

Important Note:

• You cannot serve the paperwork yourself.
• Hire a private process server or pay the constable, sheriff, or court clerk to serve the documents.
• Service fees vary by county, so check with the court for details.

If You Win:

• You’ll be awarded your filing fees along with any other money you recover.

If I Can’t Afford to File a Case

If you can’t afford to file a case, courts are required to 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 to you. It’s important to complete this form accurately, as you’ll need to swear to the truthfulness of your information and could face legal consequences for inaccuracies.

Lawyer

• You don’t need a lawyer to file a small claims case, as the process is designed to be simple so you can represent yourself. However, if you choose not to hire a lawyer, you can have a family member or another unpaid person assist you in court. They can help you understand the process but cannot speak for you.
• The court must provide you with the Rules of Civil Procedure at no cost, specifically Rules 500-507, which pertain to small claims cases.
• While the court cannot advise you on the likelihood of winning your case, whether you should file, or who to sue, they can answer procedural questions like how to request a jury trial or the deadline for filing an appeal.
• If, after reviewing the materials and rules, you still feel uncertain about how to proceed, consulting an attorney might be a good idea.

After I File a Small Claims

• After you file a small claims case, it’s crucial to keep your address updated with both the court and the other party to ensure you receive all necessary paperwork and notices.
• The court will issue a citation, which notifies the defendant that they are being sued. This citation needs to be served to the defendant, which you can do by paying the service fee for the constable or sheriff, or by hiring a private process server. If you can’t afford the fee, you can submit a Statement of Inability.
• Once the defendant is served, they have 14 days to respond with an answer, which they must also send to you. If they do respond, the court will schedule your case for either a trial or a pre-trial hearing.
• During a pre-trial hearing, you can address various issues, such as the need for an interpreter or requesting that the court subpoena a witness to testify at trial.

If the Defendant Doesn’t Answer

If the defendant doesn’t respond within the 14 days, you can request a default judgment hearing, where you can present your case and seek a judgment for the money or property you’re entitled to. To obtain a default judgment, you must provide the court with the defendant's last known address in writing, along with an affidavit stating whether the defendant is on active duty in the U.S. military. The affidavit should confirm one of the following:

• The defendant is on active duty
• They are not
• You don’t know their status.

You’ll also need to explain how you know this information or why you can't determine it.

You can verify military service through the Department of Defense website at https://scra.dmdc.osd.mil/.

Discovery

• Definition: Discovery is the process of exchanging information between parties involved in a lawsuit before the trial.
• Judge Approval: 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, submit a motion for discovery to the court.
  • Requests must be “reasonable and necessary” and relevant to your case.
• Examples:
  • Reasonable: Asking for emails related to specific work.
  • Unreasonable: Requesting all emails from the past three years.
• Responding to Requests:
  • If you receive an approved discovery request, respond with the information or file an objection.
  • Ignoring a discovery request can lead to penalties, including possible dismissal of your case.
• Importance: Address discovery requests properly to avoid negative consequences.

Serve the Defendant

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

1. Deliver it in person,
2. Mail it using certified or registered mail,
3. Use a delivery service like FedEx or UPS,
4. Fax it, or
5. Email it, provided the defendant has given their email address for this purpose and agreed to it in writing.

When you submit the paperwork to the court, you must 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 reflecting the agreed amount. However, the court cannot include specific terms like payment plans or deadlines in that judgment. If you want those details 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

• Bring Your Evidence: Make sure to bring all your witnesses and documents on trial day.
• Jury Selection (if applicable):
  • Begins with a process called voir dire.
• Opening Statement:
  • You can explain your case to the judge and jury.
• Witness Testimony:
  • Call your witnesses to testify.
  • The defendant will have the opportunity to question your witnesses.
• Your Testimony:
  • You can also testify and present evidence (e.g., documents, contracts, receipts).
• Defendant's Presentation:
  • The defendant presents their evidence and witnesses.
  • You can cross-examine their witnesses, 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 there is one) or the judge will make a decision, announced in open court.
  • A written judgment will be made available afterward.

If I Lose a Small Claim

• Judgment in Favor of Defendant:
  • You can file a motion for a new trial within 14 days if you believe justice wasn’t served.
  • This motion allows you to request a “do over” in the same justice court.
  • A filing fee of $54 is required, or you can file 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:
  • Alternatively, you can appeal to the county court within 21 days of the judgment.
  • If a motion for a new trial is denied, you can appeal within 21 - days of that denial.
  • The county court will hear the case anew (de novo), and the justice court’s judgment will be set aside.
• Appeal Requirements:
  • To appeal, you must file one of the following:
    1. An appeal bond of $500 (a promise by a surety to pay if you don’t pursue the appeal).
    2. A cash deposit of $500, which may go to the defendant if you don’t pursue the appeal.
    3. 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 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 file a Statement of Inability to Afford Payment of Court Costs.

If I Win a Small Claim

Winning the Case:

• 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.
• It’s your responsibility to enforce the civil judgment, not the court’s.

Enforcement Tools:

• Consult with an attorney if you’re unsure which tools to use, as not all may be applicable in every situation.

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:

• This order 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:

• Used to claim money or property belonging to the defendant held by another person or company, often from a bank account.
• To file, submit an application with an affidavit to the court that explains 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 Galveston County

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 Galveston County 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. Justice of the Peace, Pct. 2

Honorable D. Blake Apffel

• Galveston Office
  1922 Sealy
  Galveston, TX 77550
  (409) 766-2250

• Santa Fe Office
  11730 HWY 6
  Santa Fe, TX 77510
  (409) 770-5484

https://www.galvestoncountytx.gov/our-county/justice-of-the-peace-courts/justice-of-the-peace-pct-2

BUILDING HOURS

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

2. Justice of the Peace, Pct. 3

Honorable Billy A. Williams Jr.

• Galveston Office
  600 59th St. 1st Floor
  Galveston, TX 77551
  (409) 770-5455

• La Marque Office
  203 Vauthier Rd.
  La Marque, TX 77568
  (409) 765-2930

• Crystal Beach Office
  946 Noble Carl Rd.\ Crystal Beach, TX 77650
  (409) 765-2980, ext. 1

https://www.galvestoncountytx.gov/our-county/justice-of-the-peace-courts/justice-of-the-peace-pct-3

BUILDING HOURS

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

3. Justice of the Peace, Pct. 4

Honorable Kathleen M. McCumber

174 Calder Dr., Ste 101
League City, TX 77573
(281) 316-8716
https://www.galvestoncountytx.gov/our-county/justice-of-the-peace-courts/justice-of-the-peace-pct-4

BUILDING HOURS

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