Small Claims Court in Williamson County

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

Small Claims

A small claims case is a legal option available through justice court for situations where you believe someone owes you money or has wrongfully kept your personal property. In these cases, the person or business initiating the lawsuit is known as the plaintiff, while the party being sued is called the defendant.

Small Claims Case

There are several typical scenarios that may lead to filing a small claims case:

• Broken Agreements: When someone makes a commitment to you and fails to follow through, leading to financial loss.
• Unpaid Money: When someone owes you money and refuses to pay it back.
• Damage or Injury: When someone damages your property or causes you harm.
• Property Possession: When someone has your personal belongings and refuses to return them.

You Can't File a Small Claims

Small claims court has certain restrictions on the types of cases it will accept. Here are a few key limits:

• Monetary Limit: If you're seeking more than $20,000, small claims court isn't the place to file your case.
• Property Value Limit: You can't recover personal property worth more than $20,000. A hearing may be required to establish the property's value.
• Real Estate: Small claims court doesn't handle cases involving land ownership or disputes over property titles.
• Defamation: You can't sue for defamation (libel or slander) in small claims court. This means cases involving false statements or harmful publications about you aren’t eligible.
• Other Limitations: Small claims courts don't issue orders forcing someone to act or refrain from certain actions. For example, they can't make someone complete services you paid for, take down social media posts, or remove a tree encroaching on your property.

File a Small Claims Case

When filing a small claims case, you'll need to sue the person or business responsible for your losses or who is holding your personal property. If it's a business that's not incorporated, contact the county clerk to identify the owners or partners. For a corporation, you'll need to know the name of their registered agent, president, or vice president.

To gather this information, you can:

• Check Assumed Names Records with the County Clerk.
• Contact the Corporation Division via the Secretary of State's office at 512-463-5555 or visit their website.
• Call the State Comptroller's Office at 1-800-252-1386 for further details.

When to File a Small Claims

Timing is crucial when filing a small claims case. You must file within the legally allowed period, known as the statute of limitations. Here’s how it breaks down:

• Breach of Contract: You have four years to file unless the contract specifies a different timeframe.
• Other Cases: For most other types of claims, such as personal injury or property damage, you have two years to file. If you miss the statute of limitations, your case will be dismissed. If you're uncertain about the time limits, it's a good idea to consult an attorney.

Where Do You File a Small Claims

Small claims cases are filed in a justice court and heard by a justice of the peace. Although you can file in any justice court in Texas, filing in the wrong location might result in your case being moved, which can mean paying additional fees. To prevent this, make sure to file in the correct venue from the start.

The appropriate location is typically one of the following:

• The precinct and county where the defendant resides.
• The precinct and county where the contract was supposed to be performed (for contract disputes).
• The precinct and county where the damage or injury took place.
• The precinct and county where the personal property involved is located.

How Do You File a Small Claims

Filing a Petition

To start a small claims case, you need to file a petition, which is a document that outlines:

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

Along with the petition, you'll need to submit a civil case information sheet that specifies the type of case you're filing. The court will supply the necessary forms for both.

Paying Filing Fees

When submitting your petition, you'll need to pay a filing fee. Afterward, the court will issue a citation—a notice to the defendant that they are being sued. This notice, along with your petition, must be served to the defendant. Service can be done either in person or by certified or registered mail with return receipt and restricted delivery requested.

Serving the Defendant

You are not allowed to serve the paperwork to the defendant yourself. Instead, you can either hire a private process server or pay for the constable, sheriff, or court clerk to handle it. The cost of this service varies depending on the county, so check with the court for exact pricing. If you win your case, you can recover these fees along with any other damages awarded.

If You Can’t Afford to File

Filing Fees Assistance

If the filing and service fees are too costly for you, you can submit a "Statement of Inability to Afford Payment of Court Costs" form. The court provides this form, and you must swear that the information you provide is true. It's important to fill it out honestly, as there can be legal repercussions for false information.

Do You Need a Lawyer to File

Legal Representation

You are not required to hire a lawyer for a small claims case, as the process is designed to be simple enough for individuals to handle on their own. However, if you prefer to have legal assistance, you can hire a lawyer. If you don't have one, the judge may allow a family member or another non-paid person to help you understand the court proceedings. This person can provide advice but is not allowed to speak on your behalf in court.

Access to Rules

The court is required to give you a copy of the Rules of Civil Procedure at no cost. These rules outline the legal process and will guide you through the steps.

Court Limitations

The court cannot provide you with legal advice. This means they cannot tell you if you will win, whether or not you should file, who to file against, or how to collect your judgment if you win.

After You File a Small Claims

Keep Your Address Updated

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

Citation Generation and Service

After you file your case, the court will issue a citation, which informs the defendant of the lawsuit. The citation must then be served to the defendant. You can either:

• Pay a service fee for the constable or sheriff to serve the paperwork.
• Submit a Statement of Inability if you cannot afford the service fee.
• Hire a private process server to handle the service.

Defendant's Response

Once the defendant is served, they have 14 days to file an answer, which is their formal response to your lawsuit. They are also required to 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 raise any issues, such as the need for 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 present your case and prove to the court that you are entitled to the money or property you’re seeking. If successful, the judge may issue a judgment in your favor.

Providing the Defendant's Information

To get a default judgment, you must provide the court with the defendant’s last known address in writing. Additionally, you must submit an affidavit stating:

1. Whether the defendant is currently on active duty in the U.S. military.
2. If the defendant is not on active duty, or you are unsure, you need to state that in the affidavit.
3. You should also explain how you know the defendant’s military status or why you couldn’t determine it.

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

Discovery

• Discovery is the process of exchanging information between parties involved in a lawsuit before the trial begins. However, in small claims court, discovery needs to be approved by the judge before either party is required to provide any information.
• Requesting Discovery If you have questions or need information from the defendant, you can file a motion for discovery with the court. The judge will only approve discovery requests that are considered "reasonable and necessary" for the case, so be 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.

Sending Paperwork to the Defendant

Any documents you file, such as motions or hearing requests, must also be sent to the defendant. You have a few 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 them that way

Reaching an Agreement

Before trial, the parties may decide to settle the case. If both sides reach an agreement, the court can issue a judgment based on the resolution. Any specific terms, such as payment plans or deadlines, must be laid out in a written contract and signed by both parties to be enforceable.

Jury Trial

Requesting a Jury Trial

Either party in a small claims case can request a jury trial by submitting a written request to the court at least 14 days before the trial date. Along with the request, you must also pay a jury fee. If no one requests a jury, the case will be decided by the judge alone, which is known as a bench trial.

Postponing a Trial

Motion for Postponement

If you need additional time or have a conflict with the trial date, you can file a motion for postponement or continuance. This must be done at least 45 days before the scheduled trial date to give the court enough time to consider your request.

Trial Proceedings

What to Bring

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

The Trial Process

• Opening Statements: Both sides start by giving an overview of their case.
• Presenting Evidence: Each side presents their evidence and calls witnesses to testify.
• Cross-Examination: Both sides have the opportunity to question the other party’s witnesses.
• Closing Arguments: Each side summarizes their case and tries to persuade the jury or judge. The final decision will be made either by the jury or the judge, and a written judgment will be issued.

Losing the Case

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 within a specific period of time. To file an appeal, you must submit:

• An appeal bond or a cash deposit, or A Statement of Inability to Afford Payment of Court Costs if you cannot 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 file for a new trial or an appeal. If they don’t, it’s your responsibility—not the court’s—to enforce the judgment. Here are a few methods to help you collect:

Post-Judgment Discovery

You can send the defendant questions about their assets, which they must answer. This helps you identify assets that 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 for this process.

Abstract of Judgment

If the defendant owns real property (like 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, meaning if the defendant tries to sell it, you may be entitled to a portion of the proceeds to satisfy the judgment.

Writ of Execution

A writ of execution is an order that allows the constable to seize the defendant’s personal property and sell it to satisfy the judgment. Some personal property is exempt from seizure, so it’s essential to know 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 useful when another person or company holds money or property belonging to the defendant. This is often used to seize money from the defendant’s bank account. To obtain a writ of garnishment, you’ll need to 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. Ensure that garnishment is the best option before pursuing it.

Court Costs and Fees

If you're filing a small claims case is in Williamson County, Texas, there are a few fees to consider:

• Filing Fee: The standard filing fee for a small claims case is $54.00.
• Service Fee: If you need the court to serve the defendant, this fee usually ranges between $75 and $125, depending on whether the sheriff or a process server is used.
• Additional Costs: There may be extra costs for mailing, copies, or other court services. These fees are typically small but can accumulate.

It's a good idea to confirm the exact costs with the Justice of the Peace precinct where you plan to file your claim, as fees may 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 Williamson 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 Williamson 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. Precinct One

   1801 E. Old Settlers Blvd, Suite 100
   Round Rock, TX 78664
   (512) 244-8622
   https://www.wilcotx.gov/579/Precinct-One

   BUILDING HOURS

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

2. Precinct Two

   350 Discovery Blvd., Suite 204
   Cedar Park, TX 78613
   (512) 260-4210
   https://www.wilcotx.gov/594/Precinct-Two

   BUILDING HOURS

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

3. Precinct Three

   100 Wilco Way, Suite 204
   Georgetown, TX 78626
   (512) 943-1501
   https://www.wilcotx.gov/611/Precinct-Three

   BUILDING HOURS

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

4. Precinct Four

   211 W. 6th St.
   Taylor, TX 76574
   (512) 352-4155
   https://www.wilcotx.gov/625/Precinct-Four

   BUILDING HOURS

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