Small Claims

Justice of the Peace courts are often known Small Claims lawsuits, which capture the public imagination and remind people of popular TV Court dispute shows. Some cases filed in Judge Fury’s former court actually went on to be resolved on TV Court shows.

 

But for Mark, the drama is not what is important. A good small claims process bolsters fair trade, an atmosphere of healthy commerce, and peace in a local community. When bad actors who prey on consumers in a community are quickly brought to justice by an efficient local JP, they move to different markets. Quick and fair resolution carried out in a dignified manner prevent differences from festering and growing out of proportion. Small issues should not become life-changing events. An efficient and fair Small Claims process can help.

 

Small Claims actions can include disputes over roofing or remodeling, vehicle repairs, purchases, debts, separation of property between individuals, rentals, services of all types, to name just a few. Some Small Claims litigants are in court frequently, some are in Small Claims court once in their life.

 

Citizens overwhelmingly felt justice was served after appearing before Judge Fury for a Small Claims bench trial. Less that one-half of one-percent (<0.5%) of litigants appealed Mark’s rulings on Small Claims cases. In JP Court, anyone can appeal a decision, for any reason or no reason at all – and receive a new trial in County Court, called a trial “De Novo”. Not only were appeals rare, Mark regularly heard litigants say “Judge, you did not rule in my favor, but I know you heard me out, so I can live with your decision” – or words to similar effect. An attentive and empathetic Judge can diffuse a heated dispute often by modeling those character traits.

 

In Judge Fury’s Court, Small Claims cases were nearly always heard the same day as the trial setting. Cases were set for 9:00 a.m. Judge Fury arranged for pro-bono mediators to be on hand from the Dispute Resolution Center (DRC) ready to start mediating cases at 9:00 a.m. Cases that did not settle in Mediation went to trial later that morning, or at a set time that afternoon. Nearly always, all cases set for trial that day were resolved that day.

 

Mediation has a number of benefits. Sometimes one party has never heard the other side’s perspective, and hearing it for the first time can cause the case to settle. Sometimes hearing what the other side has to say can help prepare a party better for trial. But mostly, a party that has presented their side of the controversy once to a mediator has already had a rehearsal, and does a better job presenting their perspective at trial – to the benefit of all concerned. TV shows like the drama of surprising statements or facts coming up at trail. But justice is nearly always better served at trial when neither party is surprised by what the other side says. It helps each side prepare better, present their side better. Typically, half of Small Claims cases settle at Mediation.

 

The JP Court is actually home to two sets of general lawsuit categories, “Small Claims” lawsuits and “Justice Court” lawsuits. Both are for cases where the amount in dispute is less than $20,000. A litigant chooses which they prefer at the time of filing. A Small Claims case is simpler. The formal Texas Rules of Civil Procedure do not apply, so it is easy for a litigant to represent themselves. The Judge can direct the trial – also making it easier for a “pro-se” litigant. In Justice Court, however, the Rules do apply, litigants may be better served by having an attorney represent them, and the process both pre-trial and at trial is more formal. Overwhelmingly, the general civil disputes filed in a JP Court are filed as Small Claims disputes.

​​