What happens after Defendant is Served?
State of Texas, Small Claims Court
First, if you utilize smallclaimsdepartment.com to process your case, you will receive an email from our office shortly after the Defendant has been served. If for some reason you don’t get the email, check your online account for the details.
A Defendant who has been properly served must file a written answer with the Court on or before 10:00 a.m. on Monday next after the expiration of 10 days after the date the Defendant was served with the citation. The Defendant should send a copy of the Answer to the Plaintiff, and include name, address, and telephone number.
If the plaintiff does not appear, the Justice of the Peace will enter an order dismissing the case. This order does not prevent the plaintiff from filing the lawsuit at a later time, if appropriate.
Naturally, the Defendant has the right to call the Plaintiff and settle the case before the day of the hearing. Further, the Defendant has the right to file a Continuance (ask the court for a hearing date farther out). If this happens, you will be notified by the court before your hearing. The Plaintiff also has the right to file a Continuance. Regardless of which party files the Continuance, it must be filed a minimum number of days before the hearing. Most states require the Continuance filing at least ten (10) days before the hearing.
After being served, the Defendant also has the right to file a Counter-Claim. This claim must be filed at court and served upon you, the Plaintiff, before the hearing date. The Justice of the Peace will hear both parties’ claims on the day of the hearing.
Texas Small Claims Courts, similar to most states, offer Mediation or Dispute Resolution Services before and/or on the day of your hearing. Naturally, both parties must agree to mediate their case. These services in Texas are purely optional. If an agreement is not made through Mediation, the parties simply proceed back to the courtroom where the Judge will hear their case.
Either the plaintiff or the defendant may demand a jury trial. The request must be made not later than one (1) day before the date on which the hearing is scheduled. At the same time that the request is made, the party must pay the jury fee to the justice of the peace. See Section 28.035, Texas Government Code. The amount of the jury fee is $5.00. See Section 28.004, Texas Government Code, and Rule 544, Texas Rules of Civil Procedure.
If the Defendant does not do any of the above, he/she is required to appear at the hearing. If the Plaintiff appears and the Defendant does not, the Plaintiff will most likely be awarded a Default Judgment. You will still be required to show the Judge evidence of your claim. If you are unable to substantiate your claim, you are not guaranteed this Default Judgment. The Judge can order a new trial if he/she believes that more evidence is required.
If the plaintiff does not appear, the Justice of the Peace will enter an order dismissing the case. This order does not prevent the plaintiff from filing the lawsuit at a later time, if appropriate
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