Small Claims Petition Form – Fill Out and Use This PDF

The Small Claims Petition form is a crucial document for initiating a small claims case within the jurisdiction of Harris County, Texas. It enables an individual, known as the plaintiff, to formally present their claim against another party, referred to as the defendant, for a debt or damages up to a specified monetary limit. By filling out this form, the plaintiff sets the legal process in motion, detailing the nature of their claim, the amount owed, and providing the necessary contact information for both parties involved. For those ready to assert their rights and seek justice in small claims court, click the button below to start the process of filling out your Small Claims Petition.

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Small Claims Petition Form PDF Details

In the legal landscape of Harris County, Texas, individuals or businesses with grievances that can be quantified monetarily and fall under the jurisdictional limit find a recourse in the Small Claims Court. This accessibility is largely facilitated through the Small Claims Petition form, a document integral to initiating claims in this venue. The significance of this form goes beyond its basic function of case presentation; it encapsulates crucial details ranging from plaintiff and defendant information, such as addresses and contact numbers, to the specifics of the claim, including the amount and the nature of the indebtedness. Moreover, the form delineates the process of service of process on defendants, whether individuals, sole proprietorships, partnerships, or corporations, ensuring that they are duly notified and thus, the requirements for a fair trial are met. The intricacies involved are further elaborated with stipulations on military status affidavits to comply with the Servicemembers Civil Relief Act, alongside procedures for requesting continuances, and outlining the framework for appeals through Civil Case Appeal Bonds. This comprehensive approach underlines the court's intent to facilitate a transparent, equitable process for all parties, ensuring that justice is accessible and administered efficiently.

Question	Answer
Form Name	Small Claims Petition Form
Form Length	9 pages
Fillable?	No
Fillable fields	0
Avg. time to fill out	2 min 15 sec
Other names	Sureties, litem, 2005, plaintiff claim example

Form Preview Example

Small Claims Petition

Case No.

§ In the Small Claims Court of

Harris County, Texas

Plaintiff

vs.

Precinct ______, Place ______

Defendant

THE STATE OF TEXAS

COUNTY OF HARRIS:

Plaintiff:

Address:

City:

State:

Zip:

Mailing Address:

City:

State:

Zip:

Home Phone Number:

Work Phone Number:

being duly sworn, on oath, deposes and says that:

Defendant:

Address:

City:

State:

Zip:

Home Phone Number:

Work Phone Number:

Driver's License Number:

State:

Date of Birth:

Other:

is justly indebted to Plaintiff in the amount of $ ______________ for (describe the nature of the claim, including all pertinent dates;

attach additional page if necessary).

and there are no counterclaims existing in favor of the Defendant and against the Plaintiff, except: (describe any claim the Defendant is making against the plaintiff)

Respectfully submitted,


		Signature of Plaintiff
SUBSCRIBED and SWORN TO BEFORE ME on			.

Clerk of the Court	Justice of the Peace, Precinct ____, Place _____

*Service of Process: No judgment may be rendered against a defendant unless the defendant has been properly served with process. Defendants may be natural persons, individuals, or persons doing business in the form of sole proprietorships, or partnerships, or corporations. Any individual doing business under an assumed name, or any business operating in the form of a partnership or corporation, may sue or be sued in the business name, but service of process must be properly accomplished. Service of process directed to individuals is effected by delivery directly to the person. Service of process on business entities is more difficult and must be accomplished by service on an agent or person authorized to accept service.

For example, if a defendant is a partnership, the citation may be directed to one member of the partnership, and service effected on that one member authorizes a judgment against the partnership and the partner actually served. If the defendant is a corporation, citation may be served by serving the corporation's president or any vice-president, or the corporation's registered agent. If the corporation's registered agent cannot be found at the corporation's registered office, then service of process may be made on the Secretary of State.

To determine the exact legal nature of a business entity, the plaintiff may look at the Assumed Name Records maintained by the County Clerk, or contact the Corporation Division of the Office of the Secretary of State, or the Office of the State Comptroller.

9.01.2005

Military Status Affidavit

Case No.	§ In the Small Claims Court of
	§	Harris County, Texas
Plaintiff	§
vs.	§
	§	Precinct ______, Place ______
Defendant
BEFORE ME, the undersigned authority, on this day personally appeared			,

who, under penalty of perjury, stated that the following facts are true:

I am the Plaintiff attorney of record for the Plaintiff in this proceeding.

___________________________________, Defendant, is not in military service.

___________________________________, Defendant, is in military service.

I know this because

I am unable to determine whether or not the Defendant is in military service.

Plaintiff

Attorney of Record for Plaintiff

SWORN TO AND SUBSCRIBED BEFORE ME on

NOTARY PUBLIC, State of Texas

9.01.2005

Certificate of Last Known Mailing Address

The undersigned certifies that the last known mailing address of the Defendant against whom judgment is taken in this proceeding is:

Defendant’s Name:

Defendant’s Address:

Plaintiff

Attorney of Record for Plaintiff

This document is required to be filed when a judgment is taken by default so that the Court may notify the defendant of the entry of the default judgment.

The Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq, passed December 19, 2003, requires the plaintiff in any civil proceeding in which the defendant does not make an appearance to file with the court an affidavit (A) stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; or (B) if the plaintiff is unable to determine whether or not the defendant is in military service, stating that the plaintiff is unable to determine whether or not the defendant is in military service.

PENALTY FOR MAKING OR USING A FALSE AFFIDAVIT: A person who makes or uses a military status affidavit, or statement, declaration, verification, or certificate, knowing it to be false, shall be fined as provided in Title 18, United States Code, or imprisoned for not more than one year, or both.

Costs for an attorney ad litem may be assessed against the plaintiff as costs of court unless otherwise ordered by the court.

9.01.2005

Request for Continuance

Case No.	§ In the Justice Court of
	§	Harris County, Texas
Plaintiff	§
vs.	§
	§	Precinct ______, Place ______
Defendant	§

Now Comes ______________________________________, who is the _______________ (indicate “Plaintiff” or

“Defendant”), asks the Court to postpone the trial in this case because (state the reason establishing good cause for a postponement of the trial):

Respectfully submitted,

Printed Name:

Address:

Telephone Number:

9.01.2005

Civil Case Appeal Bond (Surety)

Case Number:
Plaintiff:
Defendant:
Date of Judgment:
Judgment in Favor of:
Judgment Against:
Amount of Damages: $	Prejudgment Interest:	% from	to
Attorney’s Fees: $	Court Costs: $
Post-Judgment Interest:	% from date of Judgment until paid.

Other:

Appeal by Defendant:

To appeal the Judgment, __________________________________________________________________________, Appellant, and

___________________________________________, and ______________________________________, as Sureties, acknowledge

themselves firmly bound to ________________________________________, Appellee, in double the amount of the Judgment,

calculated as $_______________________.

The conditions of this obligation are that the Defendant-Appellant shall prosecute this appeal to effect, and shall pay off and satisfy the judgment which may be rendered against Defendant-Appellant on appeal, provided the sureties will not be liable in an amount greater than the amount of the bond.

Appeal by Plaintiff:

To appeal the Judgment, __________________________________________________________________________, Appellant, and

________________________________________________, and ______________________________________________________,

as Sureties, acknowledge themselves firmly bound to _____________________________________________, Appellee, in double the

amount of the costs incurred in the justice court and estimated costs in the county court, less such sums as may have been paid by the

plaintiff on the costs, calculated as $______________________. The conditions of this obligation are that the Plaintiff-Appellant

shall prosecute this appeal to effect and shall pay off and satisfy such costs if judgment for costs be rendered against Plaintiff- Appellant on appeal, provided the sureties will not be liable in an amount greater than the amount of the bond.

Notice of the filing of this Bond will be given to all parties to the suit within five (5) days following the filing of the bond.

Signature of Appellant

Mailing Address

Date of Birth:

TDL:

Signature of Surety

Mailing Address

Signature of Surety

Mailing Address

9.01.2005

Civil Case Appeal Bond — Surety

OATH AND AFFIDAVIT

THE STATE OF TEXAS	§
COUNTY OF HARRIS	§

I swear that I am worth, in my own right, at least the sum shown in the foregoing bond, after deducting from my property all that which is exempt by the Constitution and laws of the State from forced sale, and after the payment of all my debts of every description, whether individual or security debts, and after satisfying all encumbrances upon my property which are known to me; that I reside in Harris County, and have property in this State liable to execution worth said amount or more.

Surety's Signature		Date
SWORN TO AND SUBSCRIBED BEFORE ME on	.

NOTARY PUBLIC, State of Texas

THE STATE OF TEXAS	§
COUNTY OF HARRIS	§

Surety's Signature			Date
SWORN TO AND SUBSCRIBED BEFORE ME on	.

NOTARY PUBLIC, State of Texas

Judge Presiding		Date

9.01.2005

Affidavit of Inability to Pay Costs for Appeal

Case No.	§ In the Justice Court of
	§	Harris County, Texas
Plaintiff	§
vs.	§
	§	Precinct ______, Place ______
Defendant	§

My name is _____________________________________________________. I unable to pay the costs of appeal or to file an appeal

bond in order to appeal the Judgment entered on ____________________.

In order to appeal this proceeding, I am giving the following information under oath:

I am unable to pay the court costs. I verify that the statements made in this Affidavit are true and correct.

Identity

Full Name:

Address:	City, State, and Zip Code

Home Telephone:	Cellular Phone:

Former Address:

Date of Birth:	Place of Birth:

Employer:

Employment Address:

Work Telephone:	Job Title or Duties:

Supervisor’s Name:


Spouse’s Name:

Spouse’s Address:	City, State, and Zip Code

Spouse’s Home Telephone:	Spouse’s Cellular Phone:

Spouse’s Employer:

Spouse’s Employment Address:

Spouse’s Work Telephone:	Spouse’s Supervisor’s Name:

	Page 1 of 3

9.01.2005

Income

Monthly earnings:

Other income: Description:

Amount:

Spouse’s Income

Spouse’s monthly earnings:

Other income: Description:

Amount:

Government Entitlement Income

Unemployment Benefits	Benefit Amount

AFDC:

Social Security:

Disability:

Veteran’s Benefits:

Child Support:

Other Entitlement Benefits:

Amount:

All Other Income

Description:

Amount:

Accounts in Financial Institutions

Checking Accounts:
Financial Institution:	Account Number:	Current Balance:

Saving Accounts:
Financial Institution:	Account Number:	Current Balance:

Real Property Owned other than Homestead

Description:

Address:

Value:

Personal Property (other than household furnishings, clothes, tools of a trade, or personal effects)

Description:

Value:

Affidavit of Inability to Pay Costs of Appeal

Page 2 of 3

9.01.2005

Debts

Description:

Total Due:

Monthly Payment:

Monthly Expenses (for example, food, transportation, child care, health care, etc.)

Description:	Amount:

Dependants

Name:

Address:

Age:

Relationship:

Date Completed	Signature
THE STATE OF TEXAS	§
COUNTY OF HARRIS	§

BEFORE ME, the undersigned authority, on this day personally appeared ______________________________________, who upon

oath, stated that he/she is making this Affidavit and that the information provided is true and correct.

SWORN TO AND SUBSCRIBED before me on _______________________________.

________________________________

NOTARY PUBLIC, State of Texas

Note: A person determined by the Court to be indigent may appeal a Small Claims Judgment by filing an Affidavit with the Justice of the Peace, stating the inability to pay costs. The Affidavit must be filed within five (5) days from the date of the judgment. Notice must be given to the other party of the filing of the affidavit. The affidavit of inability to pay must satisfy the requirements of Texas Rules of Civil Procedure, Rule 145. Rule 145 requires that the affidavit contain complete information as to the party’s identity, nature and amount of governmental entitlement income, nature and amount of employment income, other income (interest, dividends, etc.), spouse’s income if available to the party, property owned (other than homestead), cash or checking account, dependents, debts, and monthly expenses. The affidavit must also state that the party is unable to pay the court costs, and that the statements made in the affidavit are true and correct. The affidavit must be sworn before a notary public.

Affidavit of Inability to Pay Costs of Appeal

Page 3 of 3

9.01.2005

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3. Through this part, have a look at Case No, Plaintiff, Defendant, In the Small Claims Court of, Harris County Texas, Precinct Place, BEFORE ME the undersigned, who under penalty of perjury, cid Defendant is not in military, cid Defendant is in military, and I know this because. Every one of these will need to be completed with utmost accuracy.

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Small Claims Petition Form – Fill Out and Use This PDF

Small Claims Petition Form PDF Details

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