Comparison of Justice Court and Small Claims

There are three types of civil suits filed in Justice Court: Civil Suits, Small Claims, and Evictions. There is a separate section on evictions, so we will focus on Civil and Small Claims Court here. Small Claims Court is sometimes called "The People’s Court". The Rules of Civil Procedure are not applied in Small Claims Court, and it is much less formal.
DISCLAIMER
Disclaimer- The information contained in this section is NOT purported to be all inclusive. Neither is it intended to serve as legal advice You are strongly encouraged to consult the actual law, or consult with an attorney for answers to your questions. The Lubbock County Law Library, located on the 3rd floor of the Bank of America Building at 916 Main Street has law books that cover the topics discussed in this section. 

Here is one internet site which provides access to the Texas law books cited in this site: Law Library
 
TOPIC JUSTICE COURT SMALL CLAIMS COURT
AMOUNT $5,000.00 exclusive of interest $5,000.00 including interest
TYPE OF CASE AUTHORIZED AUTHORIZED
A. civil matters within
     jurisdictional amount		 A. Actions for the
     recovery of money only
B. eviction suits
C. foreclosure of mortgage and
     enforce lien on personal property
PROHIBITED LAWSUITS PROHIBITED LAWSUITS
A. suit by state to recover
     penalty, forfeiture or escheat		 A. by assignee of claim
B. divorce

 B. Person primarily engaged
in the business of loaning
money at interest
C. slander and defamation suits C. Collection agency or agent
D. suit for trial of title to land
E. foreclosure lien on land
VENUE     ** see the separate section on venue for more detailed information**
generally county and precinct where
one or more defendants reside
 Generally county and
precinct where one or
more defendants reside
2. 14 exceptions
 2. Where defendant has
     contracted to perform
WRITS
1. EXECUTION YES YES
2. ATTACHMENT YES NO
3. SEQUESTRATION YES NO
ATTORNEYS 1. not required for an individual 1. for individual party may appear
2. required for a corporation 2. for corporation may
.     appear not required
TRIALS & HEARINGS FORMAL – must follow R.C.P. INFORMAL
RULES OF EVIDENCE APPLY Do not apply
APPEAL YES If in excess of $20.00 –
just like justice court
G.C. = Government Code
CP&RC = Civil Practice and Remedy Code
R.O.E. = Rules of Evidence
R.C.P. = Rules of Civil Procedure

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