Q. I dropped my computer off at a repair shop and paid them $550 to fix it. When I got it back, all of my data was lost and the computer still didn’t work. Is there anything I can do?
A. The first think you should do is send a certified letter under the Texas Deceptive Trade Practices Act and explain your complaint, the amount of your damages and that you will allow the repair shop sixty days to satisfy your claim or you will bring them to court. Once you have done this, and waited the sixty days, you can file your claim at your local Justice of the Peace.
Q. Why should I file it there and not a County Court at Law or a District Court?
A. One main reason. Courts other than a Justice of the Peace or Justice Court, they are the same thing by the way, usually require a lawyer to successfully bring a claim there. Everybody has a right to represent themselves in any court, including the United States Supreme Court, however, I have not heard of a person who was successful bringing their own claim in a non-Justice Court. No doubt there are people that have successfully brought their own claim but it is so rare that even lawyers hire another lawyer to bring their claims. There is a saying among lawyers that “a lawyer who represents himself in a matter has a fool for a client.”
Q. Why is a lawyer generally needed in courts other than Justice Courts?
A. First, in Justice Court, there are no rules of evidence and the pleading requirements are not as strict. This makes bringing a claim a lot easier and it allows the plaintiff to have no special knowledge of the process. In another court, a plaintiff who represents himself (called a pro se plaintiff) is presumed to know all that a lawyer would know. The rules of evidence and procedure are strictly applied and, as a result, the plaintiff often falls into a trap. Also, because as the plaintiff, you are a witness in the case, it makes it difficult for you to prepare for the various procedural hurdles in a trial and also give your testimony.
Q. I have waited for a response to my DTPA letter and now I want to file a claim. How do I?
A. First, you must determine if your claim is appropriate for Justice Court. A Justice of the Peace can not award damages greater than $5,000, not including costs of court. In other words, to bring a suit in Justice Court, you can not be seeking more than $5,000 unless the amount over $5,000 is only court costs. Even if you are owed $6,500 you can not sue in Justice Court and only ask for the $5,000 the court can award. To get around this, some people only sue on part of their claim. For example, if I bought a living room and dinning room set from a local furniture store and the purchase cost me $7,500. I could sue on the living room set only in the amount I paid for it as long as it was less than $5,000. Also, make sure you are only trying to obtain money damages because a Justice of the Peace can not order someone to do or not do something – this is called an injunction. Besides ordering the award of money, a Justice Court can generally only evict someone from a residence and perform other special functions.
Q. My claim is only for $550? What do I do next?
A. First, you must determine what Justice Court you can file in. Most residents of Harris County have at least two Justice of the Peace courts where they can file their claim. Determine what Harris County precinct you are in and go to the Harris County Court website, http://www.jp.hctx.net/. On that site, you can locate your Justices of the Peace and find their telephone numbers. Contact whichever one you desire and give them a call.
Q. What will happen when I call?
A. The clerk to whom you speak will ask you to come down to the court and file your lawsuit. They will have a form for you to fill out and will require a filing fee around $50. You will need to know the name and address of the defendant and you should bring your DTPA letter. In your filing form, you should allege all the facts of your case and that the defendant has violated the DTPA. You should also attach your letter. The court will ask for your contact information and will arrange for your defendant to be served by a constable or sheriff.
Q. O.K. I have filed my case, what happens now?
A. When you file your case, or shortly thereafter, you will be told of your court date. You should arrange for any witnesses you may want to be present at the court hearing on that day. You should also arrange all of your documents that you want to present, make copies for the court, and hold them for the trial.
Q. My court date is in a few weeks and I just received an answer to my lawsuit that was filed with the court? The defendant has a lawyer. What should I do?
A. You should continue preparing for trial. The fact that the defendant has a lawyer is of no importance to you. In fact, the jury may even feel sympathetic to you during trial because you are bringing your own claim. If you don’t think you are going to make it you can always hire a lawyer but remember, Justice Court is informal and no special knowledge is needed. Many lawyers have no experience in Justice Court and only appear there as a favor to important clients. Oftentimes, they are surprised that many of the practices they are used to don’t fly in Justice Court and are as uncomfortable with the process as you are.
Q. Alright, I am going to go it alone but you mentioned a jury. What do I do when the trial starts? Who picks the jury? Do I get to ask potential jurors questions first? Who talks first? What should I expect?
A. Don’t worry. You will be ready for your trial date. Next month, we will talk about everything you need to know to bring your case to trial and collect the judgment you are going to win.
