Small Claims Court in Nueces County

In Nueces County, TX small claims cases are typically filed in the Justice Court. Nueces County has ten Justice 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 Nueces Court System.

Small Claims

A small claims case is a legal action taken to recover money damages, civil penalties, personal property, or other types of relief permitted by law. The amount in dispute cannot exceed $20,000, not counting statutory interest and court costs, but it can include any attorney fees. When you file your petition, you’ll need to submit a Justice Court Civil Case Information Sheet form as well.

We’re sharing this information to help you understand the basic rules for civil cases in the Nueces County Justice Courts. It’s important to know that the Clerks and Justices of the Peace in Nueces County cannot offer:

• Any legal advice
• Guidance on whether to file a case
• Recommendations on what actions to take in your case
• Help with filling out forms or advice on what to include in them
• Tips on what to say in court
• Predictions about a judge’s decisions, sentencing, or when documents will be signed

Remember, it’s your responsibility to identify the correct person to sue, provide the right address, pay any necessary fees, and submit the appropriate evidence. If you’re suing a corporation in Texas and need to find a registered agent, you can contact the Secretary of State at (512) 463-5555.

Military Status Affidavit

Under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.), which was enacted on December 19, 2003, the Plaintiff in any civil case where the Defendant does not appear must file a Military Status Affidavit with the Court.

This affidavit should indicate whether the Defendant is in military service and include any necessary details to support this claim. If the Plaintiff cannot determine the Defendant's military status, this should also be stated in the affidavit.

It’s important to note that anyone who knowingly submits a false military status affidavit, statement, declaration, verification, or certificate can face penalties, including fines under Title 18 of the United States Code or imprisonment for up to one year, or both.

File a Small Claims

To file a small claims case, you should take action 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 learn more about a business's legal status, you can:

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

How to File a Small Claims Case

1. Complete a Petition:
   • Clearly outline 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.
2. Pay the Filing Fee:
   • You’ll need to pay a filing fee of $54 when you submit your petition.
3. Serve the Petition and Citation:
   • Deliver the petition and citation (the notice to the defendant) either in person or through certified/registered mail. If you choose to mail it, be sure to request a return receipt with restricted delivery.

Important Note: You cannot serve the paperwork yourself. You’ll need to hire a private process server or pay a constable, sheriff, or court clerk to serve the documents. Service fees can vary by county, so check with the court for specifics. 4. If You Win: - If your case is successful, you’ll be awarded your filing fees along with any other amounts you recover.

If You Can’t Afford to File a Case

If you’re unable to pay the filing fees, courts are required to help ensure you still have access to justice. You can complete a Statement of Inability to Afford Payment of Court Costs form, which the court should provide for you.

Make sure to fill out this form accurately, as you’ll need to swear to the truthfulness of your information. Providing false information could lead to legal consequences, so it's essential to be honest and thorough.

When Can I File a Small Claims Case

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

If you file after this period has expired, your case will likely be dismissed. If you’re uncertain about how the statute of limitations applies to your situation, it may be wise to consult with an attorney for guidance.

Venue

Venue refers to the specific county and precinct where the Justice Court has the authority to hear a case. The rules governing venue in Justice Courts can be found in Chapter 15, Subchapter E of the Texas Civil Practice and Remedies Code, as well as in Rule 502.4 of the Texas Rules of Civil Procedure.

You file small claims cases in a justice court, where you 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.

Motion to Transfer Venue

If a Plaintiff files a lawsuit in the wrong venue, the Defendant can challenge it by submitting a written motion to transfer the venue. This motion must be filed before the trial begins, specifically within 21 days after the Defendant's answer is filed.

The motion should include a sworn statement addressing the improper venue chosen by the Plaintiff and specify the correct county and precinct to which the transfer is requested.

Pleadings and Motions

All pleadings, motions, applications for court orders, and other requests to the Court must be in writing and signed by either the party involved or their attorney. These documents need to be filed with the Court.

Oral motions can only be made during a trial or when all parties are present. You can file documents with the Court through personal or commercial delivery, by mail, or electronically, if electronic filing is permitted by the Court.

Discovery

Discovery is the process by which parties gather information from each other to prepare for trial. In Justice Courts, pretrial discovery is limited to what the Judge deems reasonable and necessary.

• 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.

After You File a Small Claims Case

• Keep Your Address Updated:
  • Ensure both the court and the other party have your current address to receive all necessary paperwork and notices.
• Court Issues Citation:
  • The court will issue a citation to notify the defendant that they are being sued.
• Serve the Citation:
  • Deliver the citation to the defendant by:
    • Paying the service fee for the constable or sheriff.
    • Hiring a private process server.
  • If you can't afford the fee, submit a Statement of Inability to Afford Payment of Court Costs.
• Defendant's Response Time:
  • After being served, the defendant has 14 days to respond with an answer, which they must also send to you.
• Court Scheduling:
  • If the defendant responds, the court will schedule your case for either:
    • A trial
    • A pre-trial hearing
• Pre-Trial Hearing:
  • During this hearing, you can address various issues, such as:
    • Requesting an interpreter.
    • Asking the court to subpoena a witness to testify at trial.

Serve the Defendant

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

• Deliver in Person
• Mail using certified or registered mail
• Use a Delivery Service like FedEx or UPS
• Fax the documents
• Email the documents, 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, be sure to include a note detailing how and when you delivered it to the defendant.

If the Defendant Doesn’t Answer

• If the defendant fails to respond within the 14-day period, you can request a default judgment hearing. During this hearing, 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 regarding the defendant's military status. The affidavit should confirm one of the following:
  • The defendant is on active duty.
  • The defendant is not on active duty.
  • You don’t know the defendant’s status.
• Additionally, you’ll need to explain how you obtained this information or why you are unable to determine it.
• You can verify military service through the Department of Defense website at SCRA DMDOS.

Settlement

• 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 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

• Bring Your Evidence: Ensure you bring all your witnesses and documents on the day of the trial.
• Jury Selection (if applicable):
  • This process begins with a procedure called voir dire.
• Opening Statement:
  • You’ll 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, or receipts.
• Defendant's Presentation:
  • The defendant will present 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 applicable) or the judge will announce their decision in open court.
  • A written judgment will be made available afterward.

Continuances and Jury Trials

• Requesting a Continuance:
  • If you need to postpone a trial, you must file a written motion explaining why the postponement is necessary.
  • The Judge may grant a postponement for good cause and for a reasonable time.
  • Important: Do not assume your request has been granted. It is your responsibility to confirm with the Judge that the continuance has been approved. (See TRCP 503.3)
• Jury Trials:
  • Any party is entitled to a jury trial.
  • A written demand for a jury trial must be filed no later than 14 days before the trial date.
  • Along with the demand, you must pay a jury fee of $22.00.
  • Note: This fee is non-refundable. (See TRCP 504.1)

Motion for New Trial

• A party may request the Court to:
  • Reinstate a case after it has been dismissed.
  • Set aside a default judgment.
  • Grant a motion for a new trial.
• To do this, you must file a written motion no later than 14 days after the judgment or dismissal has been signed.
• The motion must be served on the opposing parties by the next business day.
• For more information, see TRCP 505.3.

Appeal

• A party may appeal within 21 days from the date a judgment is signed, or from the date a motion to reinstate a case, set aside the judgment, or grant a new trial is either granted, denied, or overruled by operation of law.
• To appeal, you must file:
  • A bond
  • Make a cash deposit
  • File a sworn statement of inability to pay with the Justice Court.
• Bond Requirements:
  • If the appeal is filed by the Defendant, the bond must equal twice the amount of the judgment.
  • If the appeal is filed by the Plaintiff, the bond is set at $500.00.
  • The bond must be supported by surety or sureties approved by the Judge.
• Cash Deposit in Lieu of Bond:
  • An appellant may deposit cash with the court clerk in the amount required for the bond instead of filing a bond.
  • The deposit must be payable to the appellee and conditioned on the appellant’s prosecution of the appeal and payment of any judgment and costs rendered against them.
• Sworn Statement of Inability to Pay Appeal Bond:
  • If an appellant cannot provide a bond or cash deposit, they may file a sworn statement of inability to pay.
  • This statement must meet the requirements of TRCP 502.3(b) and can be the same one submitted with the original petition.

Collecting a Judgment

• If you’ve been awarded a judgment and the opposing party has not paid, you can explore Post Judgment Remedies on the court website or pick up a copy at court office to assist you in collecting your judgment.

If You Win a Small Claim

Winning the Case

• If the judgment is in your favor, you may not 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; the court does not do this for you.

Enforcement Tools

• Consult with an attorney if you’re unsure which enforcement tools to use, as not all options may apply 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

• A writ of execution is an order that 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 Nueces 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 Nueces 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. Nueces County Justice Courts

901 Leopard Street, Room 303
Corpus Christi, TX 78401
(361) 888-0111
https://www.nuecesco.com/courts/justices-of-the-peace/justice-of-the-peace-1-2/civil-suits

BUILDING HOURS

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

2. Justice of the Peace 1-1

901 Leopard St.
Corpus Christi, TX 78401
Floor: 1st Room: 116
(361) 888-0201
https://www.nuecesco.com/courts/justices-of-the-peace/justice-of-the-peace-1-1

BUILDING HOURS

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

3. Justice of the Peace 1-2

901 Leopard St.
Corpus Christi, TX 78401
Floor: 1st Room: 115
(361) 888-0210
https://www.nuecesco.com/courts/justices-of-the-peace/justice-of-the-peace-1-2

BUILDING HOURS

• Monday - Friday 8:00 AM - 4:30 PM and closed daily from 11:45 pm - 1:00 pm, except court holidays.

4. Justice of the Peace 1-3

11408 Leopard Street
Corpus Christi, TX 78410
(361) 241-1222
https://www.nuecesco.com/courts/justices-of-the-peace/justice-of-the-peace-1-3

BUILDING HOURS

• Monday - Thursday 8:00 AM - 5:00 PM and closed on Friday. Closed daily from 12:00 pm - 1:00 pm, except court holidays.

5. Justice of the Peace 2-1

5725 S. Padre Island Dr., Suite 150
Corpus Christi, TX 78412
(361) 853-4079
https://www.nuecesco.com/courts/justices-of-the-peace/justice-of-the-peace-2-1

BUILDING HOURS

• Monday - Tuesday and Thursday 8:00 AM - 5:00 PM
• Wednesday 8:00 - 12:00 pm and Friday 8:00 am - 4:45 pm.
• Closed M/T/Th/F from 11:45-1:00 pm, except court holidays.

6. Justice of the Peace 2-2

10110 Compton
Corpus Christi, TX 78418
(361) 937-2614
https://www.nuecesco.com/courts/justices-of-the-peace/justice-of-the-peace-2-2

BUILDING HOURS

• Monday 8:00 am-11:45 am / 1:15 pm-5:00 pm
• Tuesday 8:00 am-11:45 am / 1:15 pm-5:00 pm*
• Wednesday 8:00 am-11:45 am / 1:15 pm-5:00 pm*
• Thursday Closed
• Friday 8:00 am-11:45 am / 1:15 pm-5:00 pm*
• *On the Final BUSINESS day every month the office will close at 3:00 pm. Court is closed on holidays.

7. Justice of the Peace 3

115 South Ash Street
P.O. Box 27
Bishop, TX 78343
(361) 584-2420
https://www.nuecesco.com/courts/justices-of-the-peace/justice-of-the-peace-3

BUILDING HOURS

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

8. Justice of the Peace 4

705 W. Avenue A
Port Aransas, TX 78373
(361) 749-5660
Mailing Address
P.O. Box 133
Port Aransas, TX 78373
https://www.nuecesco.com/courts/justices-of-the-peace/justice-of-the-peace-4

BUILDING HOURS

• Monday - Thursday 8:00 AM - 5:00 PM and Friday 8:00 am - 4:00 pm. Closed daily from 12:00 pm - 1:00 pm, except court holidays.

9. Justice of the Peace 5-1

710 East Main
Robstown, TX 78380
(361) 767-5205
https://www.nuecesco.com/courts/justices-of-the-peace/justice-of-the-peace-5-1

BUILDING HOURS

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

10. Justice of the Peace 5-2

1514 2nd Street
Agua Dulce, TX 78330
(361) 998-2231
Mailing Address
P.O. Box 387
Agua Dulce, TX 78330
https://www.nuecesco.com/courts/justices-of-the-peace/justice-of-the-peace-5-2

BUILDING HOURS

• Monday - Friday 8:00 AM - 4:30 PM and closed daily from 12:00 pm - 1:00 pm, except court holidays.