Small Claims Court in Montgomery County

In Montgomery County, TX small claims cases are typically filed in the Justice of Peace Court. Montgomery County has five 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 Montgomery Court System.

Small Claims

Small Claims Court is a legal option for resolving disputes where you believe someone owes you money or is unfairly keeping your personal property. In these cases, the person filing the lawsuit is the plaintiff, and the one being sued is the defendant.

Common situations that might lead you to file a small claims case include:

• Broken Agreements: If someone made a promise to you and didn’t follow through, causing you financial loss.
• Unpaid Money: If someone owes you money and won’t pay it back.
• Damage or Injury: If someone damages your property or causes you harm.
• Property Possession: If someone has your personal belongings and refuses to return them.

However, there are some restrictions on what small claims court can handle:

• Monetary Limit: If you're seeking more than $20,000, you’ll need to go to a different court.
• Property Value Limit: You can’t recover personal property worth more than $20,000 without a hearing to determine its value.
• Real Estate: Small claims court doesn’t deal with land ownership or property title disputes.
• Defamation: You can’t sue for defamation (libel or slander) in small claims court. This means cases involving false statements about you aren’t eligible.
• Other Limitations: Small claims courts can’t issue orders to make someone act or refrain from acting. For instance, they can’t force someone to complete a service, remove social media posts, or cut down a tree affecting your property.

Filing a Small Claims Case

To start a small claims case, you need to sue the person or business responsible for your losses or who is holding your personal property. If you’re dealing with a business that’s not incorporated, you’ll need to find out who owns or runs it by contacting the county clerk. For a corporation, you’ll need the name of their registered agent, president, or vice president.

Here’s how you can gather this information:

• Check Assumed Names Records: Visit the county clerk’s office for records on business names.
• Contact the Corporation Division: Reach out to the Secretary of State's office at 512-463-5555 or visit their website.
• Call the State Comptroller's Office: For additional details, call 1-800-252-1386.

When to File a Small Claims Case

Timing is important when filing a small claims case. You need to file within the period set by law, known as the statute of limitations. Here’s a breakdown:

• Breach of Contract: You generally have four years to file, unless the contract states otherwise.
• Other Cases: For most claims like personal injury or property damage, you have two years to file.

If you miss this deadline, your case may be dismissed. If you’re unsure about the time limits, it’s a good idea to consult an attorney.

Where to File a Small Claims Case

Small claims cases are filed in a justice court and heard by a justice of the peace. While you can file in any justice court in Texas, choosing the wrong location might result in your case being transferred, potentially leading to extra fees. To avoid this, file in the correct venue from the start. The right location is usually one of the following:

• The precinct and county where the defendant lives.
• The precinct and county where the contract was supposed to be performed (for contract disputes).
• The precinct and county where the damage or injury occurred.
• The precinct and county where the personal property in question is located.

How to File a Small Claims Case

To start a small claims case, you'll need to file a petition. This document should include:

• Who you’re suing
• The reason for your lawsuit
• The amount of money you’re seeking
• Your contact information

You’ll also need to submit a civil case information sheet that details the type of case you’re filing. The court will provide the necessary forms for both the petition and the civil case information sheet.

Paying Filing Fees

When you submit your petition, you’ll need to pay a filing fee. Once the fee is paid, the court will issue a citation, which is a notice informing the defendant that they’re being sued. This citation, along with your petition, must be served to the defendant. You can serve the papers either in person or by certified or registered mail, with return receipt and restricted delivery requested.

Serving the Defendant

You can’t serve the papers yourself. Instead, you’ll need to hire a private process server or arrange for the constable, sheriff, or court clerk to handle it. The cost for this service varies by county, so check with the court for the exact fees. If you win your case, you can recover these service fees along with any damages awarded.

If You Can’t Afford to File

If the filing and service fees are beyond your means, you can submit a "Statement of Inability to Afford Payment of Court Costs" form. This form, provided by the court, requires you to swear that your financial situation justifies the waiver of fees. Be sure to fill it out honestly, as providing false information can have legal consequences.

Do You Need a Lawyer to File?

You don’t have to hire a lawyer for a small claims case, as the process is designed to be straightforward enough for individuals to manage on their own. However, if you prefer legal help, you can hire a lawyer. If you don’t have one, the judge might allow a family member or another non-paid person to assist you in understanding the court proceedings. While this person can offer advice, they can’t speak on your behalf in court.

Access to Rules The court must provide you with a copy of the Rules of Civil Procedure for free. These rules will guide you through the legal process and help you understand the steps involved.

Court Limitations The court can’t offer legal advice. They won’t tell you if you’ll win, whether you should file, who you should file against, or how to collect your judgment if you win.

After You File a Small Claims Case

Keep Your Address Updated

Make sure to keep your address current with the court and the other party so you receive any important documents or notices related to your case.

Citation Generation and Service

After filing your case, the court will issue a citation to notify the defendant. You must then ensure the citation is served to the defendant. You can:

• Pay a service fee for the constable or sheriff to serve the paperwork.
• Submit a Statement of Inability if you can’t afford the service fee.
• Hire a private process server to deliver the papers.

Defendant's Response

Once the defendant is served, they have 14 days to file a response, known as an answer, which is their formal reply to your lawsuit. They must also send you a copy of their answer.

Pre-trial Hearing

If the defendant responds, the court will schedule a trial or a pre-trial hearing. At the pre-trial hearing, you can address any issues, such as needing an interpreter or subpoenaing a witness.

Defendant Doesn’t Answer

Default Judgment Hearing

If the defendant doesn’t respond within 14 days, you can request a default judgment hearing. At this hearing, you’ll need to present your case and show the court that you’re entitled to the money or property you’re seeking. If you prove your case successfully, the judge may issue a judgment in your favor.

Providing the Defendant's Information

To obtain a default judgment, you must provide the court with the defendant’s last known address in writing. You also need to submit an affidavit that includes:

• Whether the defendant is currently on active duty in the U.S. military.
• If the defendant is not on active duty or you’re unsure, state that in the affidavit.
• Explain how you know the defendant’s military status or why you couldn’t determine it.

You can verify the defendant's military status using the official SCRA Military Status Verification site.

Discovery

Discovery is the process where both parties exchange information before the trial starts. In small claims court, you need the judge's approval to conduct discovery.

Requesting Discovery

If you need information from the defendant, you can file a motion for discovery with the court. The judge will only approve requests deemed "reasonable and necessary" for your case, so make sure your requests are relevant.

Responding to Discovery

If the judge approves a discovery request against you, you must provide the requested information. If you disagree with the request, you can object, and the court will hold a hearing to decide if you must comply. Ignoring a discovery request can lead to penalties or even dismissal of your case.

Serve the Defendant

When you file documents like motions or requests for hearings, you must also send copies to the defendant. You have several options for delivering the paperwork:

• In person
• By certified or registered mail
• Using a delivery service like FedEx or UPS
• Via fax
• By email, if the defendant agrees to receive documents this way

Reaching an Agreement

Before the trial, you and the other party might choose to settle the case. If you reach an agreement, the court can issue a judgment based on the terms you’ve agreed upon. Any specific terms, such as payment plans or deadlines, must be documented in a written contract and signed by both parties to be enforceable.

Jury Trial

Requesting a Jury Trial

Either party can request a jury trial by submitting a written request to the court at least 14 days before the trial date. You’ll also need to pay a jury fee. If no one requests a jury, the case will be decided by the judge alone in what’s known as a bench trial.

Postponing a Trial

Motion for Postponement

If you need more time or have a scheduling conflict with the trial date, you can file a motion for postponement or continuance. This request must be made at least 45 days before the scheduled trial date to give the court adequate time to consider it.

Trial Proceedings

What to Bring

Make sure to bring all relevant witnesses, documents, and evidence to your trial. If a jury trial has been requested, the process will begin with selecting the jury.

The Trial Process

1. Opening Statements: Both sides start the trial by providing an overview of their case to the judge or jury.
2. Presenting Evidence: Each side presents their evidence and calls witnesses to testify on their behalf.
3. Cross-Examination: Both sides have the chance to question the other party’s witnesses to test their credibility and gather more information.
4. Closing Arguments: Each side summarizes their case and aims to persuade the judge or jury to rule in their favor.

The final decision will be made by either the jury or the judge, and a written judgment will be issued.

Appeal

Motion for a New Trial or Appeal

If you lose the case, you have the option to file a motion for a new trial or appeal to the county court. To file an appeal, you need to submit: An appeal bond or a cash deposit, or A Statement of Inability to Afford Payment of Court Costs if you can’t afford the bond or deposit.

If You Win Your Small Claims Case

Winning a small claims case doesn’t guarantee immediate payment. The defendant might still file for a new trial or appeal. If they don’t, it’s up to you—not the court—to enforce the judgment. Here are some methods to help you collect:

Post-Judgment Discovery

You can send the defendant questions about their assets to determine what can be used to satisfy the judgment. The defendant has at least 30 days to respond, and you don’t need the judge’s approval to initiate this process.

Abstract of Judgment

If the defendant owns real property (such as land), you can obtain an abstract of judgment from the court and file it with the county clerk where the property is located. This creates a lien on the property, which means if the defendant tries to sell it, you may be entitled to a portion of the sale proceeds to satisfy the judgment.

Writ of Execution

A writ of execution allows the constable to seize the defendant’s personal property and sell it to satisfy the judgment. Note that some personal property is exempt from seizure, so you need to be aware of what can and cannot be taken. You can apply for this writ with the court that issued the judgment, but only after 30 days have passed since the judgment was made.

Writ of Garnishment

A writ of garnishment is used when another person or company holds money or property belonging to the defendant, such as funds in a bank account. To obtain a writ of garnishment, file an application with the court along with an affidavit explaining why you’re entitled to it. Important Note: If the third party holding the defendant’s money or property doesn’t actually have it, you might be responsible for their attorney fees. Make sure garnishment is the best option before pursuing it.

Court Costs and Fees

If you’re filing a small claims case in Montgomery County, here are some fees you should be aware of:

• Filing Fee: The standard fee for filing a small claims case is $54.00.
• Service Fee: To have the court serve the defendant, the fee usually ranges between $75 and $125, depending on whether you use the sheriff or a process server.
• Additional Costs: There might be extra costs for mailing, copies, or other court services. While these fees are generally small, they can add up.

It’s a good idea to check the exact costs with the Justice of the Peace precinct where you plan to file your claim, as fees can vary slightly. You can find this information on the Williamson County website or by contacting the precinct office directly.

Let Squabble Help You With Your Small Claim at Montgomery County

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Courthouse Locations:

1. Montgomery County Justice of the Peace Precinct 1

   19380 Highway 105 West, Ste 507
   Montgomery, TX 77356
   (936) 788-8374 Office
   https://www.mctx.org/departments/departments_g_-_j/justice_of_the_peace_precinct_1/index.php

   BUILDING HOURS

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

2. Montgomery County Justice of the Peace Precinct 2

   2241 North 1st Street
   Conroe, Texas 77301
   (936) 538-3788
   https://www.mctx.org/departments/departments_g_-_j/justice_of_the_peace_precinct_2/index.php

   BUILDING HOURS

   • Monday - Friday 9:00AM - 4:30PM, except court holidays.

3. Montgomery County Justice of the Peace Precinct 3

   1520 Lake Front Circle Ste. 100
   The Woodlands, TX 77380
   (281) 364-4284
   https://mctxjp3.org/

   BUILDING HOURS

   • Mon. – Thurs. 8:00 am – 5:00 pm (Closed for lunch 11:00 am-12:00 pm)
   • Fri. 8:00 am – 4:00 pm (Closed for lunch 11:00 am-11:30 am), except court holidays.

4. Montgomery County Justice of the Peace Precinct 4

   21130 Legion Road, Suite 110
   New Caney, Texas 77357
   (281) 577-8970
   https://jp4.mctx.org/

   BUILDING HOURS

   • Mon-Thu 8:00 am to 4:30 pm
   • Friday 8:00 am to 12:00 pm, except court holidays.

5. Montgomery County Justice of the Peace Precinct 5

   19100 Unity Park Drive\ Magnolia, Texas 77355
   (281)259-6494 or (936)539-7806
   https://www.mctx.org/departments/departments_g_-_j/justice_of_the_peace_precinct_5/index.php

   BUILDING HOURS

   • Mon-Thu 8:00 am to 4:00 pm
   • Friday 8:00 am to 12:00 pm, except court holidays.