Where and When Do I file my Small Claims lawsuit?
by: Legal Aid of Northwest Texas (Waxahachie Office)
Where Do You File Suit?
You must normally file suit in the county where the party that is being sued, that is the defendant, resides, or where the services you are complaining about were performed. The justice of the peace in each county is also the judge for small claims court. The small claims court will be listed in the telephone directory as justices of the peace. If your telephone book has government offices listed separately, look under the listings for justices of the peace in the appropriate county.
If there is more than one justice of the peace in a county, then a small claim normally must be made in the court whose precinct covers the area where the defendant resides.
Under some circumstances, more than one court can be used. For example, if the defendant lives in one precinct, but contracted to perform services in another county, you can select either county as the place to bring suit. If there is more than one justice of the peace in the same city, or in the same precinct, you can file suit in either court. If you still have a question about which court to use, call or visit the office of the justice of the peace. Generally, if you call the justice of the peace's office with the address of the party you are filing suit against, the court can give you the precinct in which you should file your claim. Most court clerks are very helpful.
Have You Waited Too Long To File Suit?
Under the law, there are limits on how long you have to bring any lawsuit. Lawyers call these a "statute of limitations." To see if you have waited too long, determine how long it has been since you have suffered the wrong for which you are going to sue. The law will not allow you to sue if you wait too long. In many cases, you must bring your lawsuit within two years of when the problem arises. It is recommended, however, that you file suit within six months to a year after you have suffered a wrong. In most cases, this will allow you ample time to try to settle the dispute before you bring your lawsuit. Do not let the matter grow stale.
Legal time limits can get very complicated. If your claim arose more than two years ago you may want to consult an attorney and discuss this matter with him or her before you file your suit.
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