Loading…
The small-claims filing procedure for the Wichita County Justice of the Peace courts: the $20,000 limit, suing a defendant in the correct legal capacity, the 14-day answer, subpoenas, and post-judgment abstract and writ of execution.
Applies to small-claims cases filed in the Wichita County Justice of the Peace courts.
A Small Claims case seeks recovery of money damages, civil penalties, personal property or other relief for no more than $20,000 excluding statutory interest and court costs but including attorney's fees. The defendant has the right to be sued in the county and precinct where he resides, and the plaintiff must have a physical address and, if available, the last three digits of the defendant's driver's license and social security number. The defendant must be sued in the correct legal capacity (individually, as a proprietor or partnership with an assumed name on file, or as a corporation served through its registered agent). A lender charging interest, an assignee of a claim, or a collection agency must file a Debt Claim suit instead. A case information sheet and, for an individual defendant, a military affidavit are filed with the petition; the citation orders the defendant to file a written answer no later than fourteen calendar days after receipt, and failure to answer allows a default judgment. Witnesses who will not appear voluntarily may be subpoenaed on a written request naming them. After judgment the plaintiff may obtain an abstract of judgment (a lien on the defendant's real property, best filed after the 21-day appeal period) and, thirty days after judgment, a writ of execution.
A Small Claims case seeks recovery of money damages, civil penalties, personal property or other relief for no more than $20,000 excluding statutory interest and court costs but including attorney's fees. The defendant has the right to be sued in the county and precinct where he resides, and the plaintiff must have a physical address and, if available, the last three digits of the defendant's driv
Reviewer note: Composed 2026-09-06 from the county-site document (read in full). Court-less JP-family filing procedure with local instructions.
In justice-court eviction cases: the citation sets a personal-appearance trial day not less than 10 nor more than 21 days after the petition is filed; a written answer is permitted but NOT required (appearing on the trial day is what matters); no trial may be held until 4 days after service; and an appeal must be perfected within 5 days after the judgment is signed.
Policy Regarding Pro Se Applicants — Harris County Probate Courts (Probate Court No. 1 posting) — posted on the court's own website — the court-procedure tier (standing procedures, policies, and preferences the court itself publishes), distinct from the TOPICs-registered local-rules tier (TRCP 3a registration applies to local rules). Operative requirements quoted verbatim; the posted document is the controlling text.