When dealing with a roommate who bounced out of a lease early or looking for monetary compensation for damaged dry cleaning, you’d likely turn to small claims court in most states to get the job done.
But that’s most states, and this is Texas. In 2013, the Legislature abolished small claims courts, the venue where you’d handle those things — and shifted the power down to local justice courts, governed by the laws of the Texas Supreme Court.
Here’s how to file a small claims case in Harris County.
What qualifies as a small claims case?
These aren’t the ordeals that play out in courtroom dramas (although some make for interesting The People’s Court episodes).
Small claims are for getting money or property back (such as missing security deposits), to deal with insurance claims or to handle small property damages. If you’re seeking money or a specific property, note that the largest amount you can recover through Harris County Justice Courts is $10,000.
“One of the ways I’ve seen small claims cases be successful and get paid out is if they’re suing a company with a lot of assets,” said Carlos Mejias, a partner at Mejias Lindsay PLLC.
MORE ‘HOW TO’: Searching for missing money? Try the Texas Comptroller
Small claims cases might also put pressure on people to get property returned to them. Amy Dunn, a Houston-based attorney, filed a small claims case after discovering that a person stole her cat. After asking the kitty thief to return the animal, the perp refused, leaving her no choice but to go to a Harris County Justice Court.
“You either get money or you get your cat back,” Dunn said. In her case, it was the latter.
Plaintiffs can’t file for divorce, slander, to recover a title for property or enforce a lien on a property in small claims, according to state law.
Hold up...where do I go to file a small claim in Houston now?
Small claims are handled through the 16 Harris County Justices of the Peace.
To file a claim, you should start by notifying the person or business you’re suing that you plan to file a claim against them. The State Bar of Texas recommends sending notice to pay up and/or return property, or face legal action, by certified mail to get proof that the other party received the claim.
Head over to the Harris County Justice Courts website to figure out which precinct would handle your claim — it should be the one where the damage occured, or where the defendant lives/does business.
What is this?
I’m Gwendolyn Wu, and I’m writing “Houston How To,” a series on how to navigate the city and its complexities. Humans have an innate drive to improve themselves, and we’re always striving to live better, smarter and more efficiently by throwing countless dollars and hours at our problems. The Houston Chronicle wants to simplify that for you.
As a reporter, I usually ask the questions, but I can’t be the only one wondering how something works. What are things you need to know how to do, Houston? You can find me on Twitter at @gwendolynawu or by email at gwendolyn.wu@chron.com.
The court will provide a petition to fill out. You’ll need to figure out who you’re filing suit against — the State Bar provides a helpful guide on determining if that’s an entity or an individual — and what you’re seeking from the claim.
As with any other lawsuit, you’ll need documentation supporting your side of the dispute. That might mean contracts for work done or emails and letters detailing attempts to get in touch about missed payments.
You must pay a $124 fee to file a claim. If you need additional assistance in the case, such as a counterclaim, subpoena, certified copies or an abstract of judgment (the public record that notes how much a losing defendant owes a winning plaintiff), that will cost extra. Expect to pay a lot of little fees to reclaim your lost funds.
Unable to put up the money for fees? Harris County courts allow plaintiffs to file a statement certifying inability to pay court costs under the penalty of perjury.
Is my small claims case worth pursuing?
Try to resolve matters through mediation before taking it to the courts. The Harris County Dispute Resolution Center offers free mediation services for Harris County residents. The Better Business Bureau of Greater Houston and South Texas also provides free consumer mediation services if your beef is with a business accredited by the BBB and you need to escalate past a complaint (it’s $600 split between both parties if the business is not accredited).
You might also find yourself in arbitration if the terms and conditions to which you’ve agreed mandate it.
“Consumers quite often have a very negative feeling about that because arbitration gets thrown in on contracts with other things, and it rarely ever comes to that,” said Dan Parsons, president of the BBB of Greater Houston.
But even if you’ve gone past that, there are other factors to consider whether the issue is worth your time. Can you determine if the other party has the money to return to you? And if they do, are they honorable enough to give back your money?
While a court can find someone liable to pay back the missing cash, Texas law makes it difficult to do so because it exempts certain types of property from being seized for judgments.
“It’s whether they have non-exempt assets you can collect from — a house, you can’t collect off that, and you can’t collect off certain wages,” Mejias said.
A statute of limitations may apply. Most claims must be filed within two years, according to the State Bar of Texas. If you plan to file after that, consult an attorney about whether you can sue.
Why should I bother filing a small claims case, then?
You might want to file the case anyway, as the judgment will stay on the defendant’s record. Think of it as a legal warning bell for anyone hoping to do business with them in the future.
“It will make it difficult for the defendant to purchase a home or get a loan, but to collect on a judgment is almost impossible,” Dunn said.
Justices of the peace can issue several writs to help you collect your claim, but those will cost additional fees.
Court-appointed receivers can act as a neutral third-party to collect funds. Think of it as the nuclear option in a judgment. As debtor-friendly as Texas is, this person has the power to liquidate non-exempt assets and freeze bank accounts until the debt is paid, Mejias said.
Should I get an attorney or other legal aid involved in the process?
You can file a small claims case without an attorney. There are several self-help resources in Houston, such as the Harris County Law Library at 1019 Congress Street.
When filing a claim against an individual or a business that could be in serious financial trouble, though, you should talk to a lawyer or private investigator who can look at databases and asset records.
Attorneys may offer free or low-cost consultations to help determine whether a case is worth pursuing, Dunn said. Ask whether there’s hope of getting a judgment paid out, not if a judgment can be obtained.
KNOW YOUR RIGHTS: What Texas workers need to know about employment laws
If an attorney from a law firm would break the bank, you have some low-income legal aid options in Houston. Lone Star Legal Aid can handle some claims processed in Harris County Justice Courts, such as eviction defense and landlords who fail to make necessary repairs to a residence. The Houston Bar Association’s pro bono service, Houston Volunteer Lawyers, also offers aid through its clinics.
gwendolyn.wu@chron.com
"how" - Google News
December 31, 2019 at 05:00PM
https://ift.tt/2MYBsXJ
How do I file a small claims case in Harris County? - Houston Chronicle
"how" - Google News
https://ift.tt/2MfXd3I
Bagikan Berita Ini
0 Response to "How do I file a small claims case in Harris County? - Houston Chronicle"
Post a Comment