What is the difference between a Justice Court and a Small Claims Court? The Texas Constitution created a local court system known as the Justice Court (usually called Justice of the Peace Courts). These courts have exclusive jurisdiction over civil cases where the amount in controversy is $200 or less. It has concurrent jurisdiction (along with the Small Claims Court and the District Court) if the amount is not more than $5,000. The difference between a Justice Court and a Small Claims Court is largely in the type of cases that each court hears. A Justice Court in the precinct where real property is located, such as a home, has original and exclusive jurisdiction over forceable entry and detainer cases (FED). The only issue tried in a FED suit is the right to possession of property. An example would be an eviction case for failure to pay rent. The claim for unpaid rent is not part of the FED case and is heard by the Justice Court only if it’s less than the $5,000 limit of court. The suit does not determine who owns the property. It only decides who has the right to be there. Justice Courts also have jurisdiction to foreclose mortgages, to enforce liens on personal property, to garnish wages and to enforce deed restrictions. Justice Courts may not hear suits for divorce, slander or defamation, suits to try title to land or to enforce liens against land.

Small Claims Courts, on the other hand, are much less formal than Justice Courts. Frequently parties choose to represent themselves instead of have representation by lawyers. A Justice of the Peace is also the Judge of the Small Claims Court. The amount of money over which the Court has jurisdiction is the same for both courts, a maximum of $5,000. One special feature of the Small Claims Court is that actions may not be brought by “assignees” of someone else’s claim. This means that a person may not take the debt of another person and try and collect it; hence collection agents may not use the Small Claims Court to collect third party debts. A familiar example of a Small Claims Court would be Judge Wapner on television. Small Claims Courts are excellent ways to handle problems that require no formal knowledge of the law and do not involve enough money to justify the hiring of an attorney for representation. The JP Court has all the forms necessary, and it costs $70 to file a one person suit.