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Debt Claim Cases

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A Debt Claim Case is a lawsuit brought to recover a debt by:

 
(i)  an assignee of a claim;
(ii)  a debt collector or collection agency;
(iii) a financial institution; or
(iv) a person or entity primarily engaged in the business of lending money at interest.
 

The claim can be for no more than $20,000, including attorney fees, if any, but excluding statutory interest and court costs.

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Debt Claim Cases in the Justice Court are governed by Rules 500 – 507, and Rules 508.1 – 508.3 of the Rules of Practice in Justice Courts. For information on Justice Court Rules, please visit Texas Judicial Branch Rules and Forms website.

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If you are representing yourself, we encourage you to review the below resources.

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If you have been sued in a debt claim case, you can file your answer with the court using the Defendant's Original Answer Form

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Payment and Fees:

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  1. File with Justice Court 1 and serve in Hill County

  • $54 filing fee

  • $90 Constable fee for each person being served

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   2. File with Justice Court 1 and serve outside Hill County

  • The Plaintiff is responsible for procurement of service upon the defendant. Once the case is accepted and the citation is generated, it will be mailed or emailed (depending on the delivery method requested) to the Plaintiff to forward to the Constable, Sheriff, or other agency serving the citation.

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Justice Court Civil Case Information Sheet


A Justice Court Civil Case Information Sheet form must be filed with the petition.  

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Default Judgment


If the defendant does not file timely file an answer to the petition filed in a Debt Claim Case, the judge will render a default judgment on the plaintiff’s proof of damages.

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Evidence of plaintiff’s damages may be offered in a sworn statement or orally under oath.  Evidence of damages may be attached to the petition and served on the defendant, or may be submitted to the court after defendant’s failure to answer.

The amount of damages is established by evidence:

(A)  that the account or loan was issued to the defendant and the defendant is obligated to pay it;
(B)   that the account was closed or the defendant breached the terms of the account or loan agreement;
(C)   of the amount due on the account or loan as of a date certain after all payment credits and offsets have been applied; and
(D)   that the plaintiff owns the account or loan and, if applicable, how the plaintiff acquired the account or loan.

The judge may enter a default judgment without a hearing if the plaintiff submits sufficient written evidence of damages.  Otherwise, the plaintiff may request a hearing at which the plaintiff must prove damages.

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