Texas PDF Templates

Texas PDF Templates

Homepage Blank Texas Small Claims PDF Template

Form Example

SMALL CLAIMS PETITION

 

NO. ______________

 

 

 

 

 

 

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In the Justice Court of Harris County, Texas

 

 

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Precinct

 

Place

 

 

Plaintiff(s)

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vs.

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Defendant(s)

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Plaintiff:

Describe the legal nature of the plaintiff (e.g., individual, sole proprietorship, partnership, corporation)

Defendant:

Address:

City:

 

State:

 

Zip:

 

Date of Birth (if applicable):

Describe the legal nature of the defendant (e.g., individual, sole proprietorship, partnership, corporation)

*Defendant may be served by serving

(state the name of the defendant if defendant is an individual, or state the name and title of the person who is authorized to receive service of process for the defendant if defendant is a partnership, limited partnership, corporation, or limited liability company), who may be served at

(state the address for service of process).

The defendant’s usual place of business or residence, or other place where defendant can probably be found is _______________________________

_______________________________________________________________________________________________________________________.

Cause of Action

(State the cause of action in plain and concise language, sufficient to give fair notice of the claim and to provide enough information to enable the defendant to prepare a defense. You may include information showing venue is proper in the Justice of the Peace Precinct in which you are filing. If you are seeking personal property, you must describe the property and state the value of the property.)

Relief Requested (Describe the relief you are requesting, itemizing the amount of damages you are seeking.)

Respectfully submitted,

 

 

 

 

 

 

 

Printed Name: __________________________________________

Signature of Plaintiff or Plaintiff’s Attorney of Record

State Bar No. ___________________________________________

Address:

 

 

 

Telephone:

 

 

Fax Number:

 

E-Mail Address:

 

 

 

Plaintiff consents to the e-mail service of the answer and any other motions or pleadings to this e-mail address.

Common mistakes

  1. Neglecting to Identify the Legal Nature of the Parties: Many individuals forget to specify whether they are filing as an individual, sole proprietorship, partnership, or corporation. This information is crucial for the court to understand the context of the case.

  2. Incomplete Address Information: Failing to provide a complete address for the defendant can lead to delays. Ensure that the street address, city, state, and zip code are all filled out accurately.

  3. Omitting the Defendant’s Authorized Representative: If the defendant is a business entity, it is important to name the person authorized to accept service of process. This step is often overlooked, which can complicate the serving process.

  4. Vague Description of the Cause of Action: Providing a detailed and clear cause of action is essential. Many people make the mistake of being too vague, which may hinder the defendant's ability to prepare a defense.

  5. Failure to Itemize Relief Requested: Clearly itemizing the damages sought is important. Some individuals simply state a total amount without breaking it down, which can lead to confusion or disputes.

  6. Not Including Contact Information: Omitting contact details such as telephone number, fax number, and email address can create issues in communication. Always ensure this information is complete and up-to-date.

  7. Ignoring the E-Mail Consent Option: If you wish to receive documents via email, it is crucial to check the consent box. Many people miss this step, which may result in delays in receiving important filings.

Key takeaways

Filling out and using the Texas Small Claims form can seem daunting, but understanding the process can make it easier. Here are some key takeaways to keep in mind:

  • Identify Yourself Clearly: Specify whether you are an individual, business, or other legal entity when listing the plaintiff.
  • Provide Complete Defendant Information: Include the defendant's full name, address, and legal status to ensure proper service.
  • Service of Process: Clearly state how the defendant can be served, including the name and address of the person authorized to receive documents.
  • Be Concise in Your Cause of Action: Describe the reason for your claim in simple terms to help the defendant understand the issue.
  • Include Venue Information: Mention why the case is being filed in the specific Justice of the Peace Precinct to establish proper jurisdiction.
  • Detail Your Relief Requested: Clearly outline the damages you are seeking, including any specific amounts or items.
  • Sign the Form: Ensure that the form is signed by you or your attorney to validate the petition.
  • Provide Accurate Contact Information: Include your phone number, email, and address for any necessary communication.
  • Consider E-Mail Consent: If you prefer to receive documents electronically, indicate your consent for e-mail service.
  • Keep Copies: Always make copies of the completed form for your records before submitting it to the court.

By following these guidelines, you can navigate the small claims process more confidently. Remember, clarity and accuracy are essential in presenting your case effectively.

Steps to Using Texas Small Claims

Filling out the Texas Small Claims form is an important step in initiating a legal claim in the Justice Court. By providing clear and concise information, you can help ensure that your case is presented effectively. Follow these steps to complete the form accurately.

  1. Fill in the Small Claims Petition Number: Write the number assigned to your case at the top of the form.
  2. Identify the Court: Indicate that you are filing in the Justice Court of Harris County, Texas, and specify the Precinct and Place.
  3. List the Plaintiff(s): Describe the legal nature of the plaintiff. This could be an individual, sole proprietorship, partnership, or corporation.
  4. Identify the Defendant(s): Provide the defendant's name, address, city, state, and zip code. If applicable, include their date of birth.
  5. Describe the Defendant's Legal Nature: Similar to the plaintiff, describe whether the defendant is an individual, partnership, corporation, etc.
  6. State Service Information: If the defendant is an individual, write their name. For partnerships or corporations, list the name and title of the person authorized to receive service of process. Include the address where they can be served.
  7. Provide the Defendant’s Usual Place of Business or Residence: Describe where the defendant can typically be found.
  8. State the Cause of Action: Clearly articulate the reason for your claim in simple language. Include details that help establish the venue and describe any personal property involved, along with its value.
  9. Detail the Relief Requested: Explain what you are asking for in terms of damages. Be specific and itemize the amounts as needed.
  10. Sign the Form: Print your name and sign the document. If you have an attorney, include their State Bar number and contact information.
  11. Provide Contact Information: Fill in your address, telephone number, fax number, and email address. If you consent to e-mail service, check the appropriate box.

Once you have completed the form, review it carefully for accuracy. Make sure all information is clear and legible. After that, you can file it with the appropriate court, and your legal journey can begin.