FORNEY, TX — It often begins with a knock at the door or a certified letter in the mail. For many residents in Forney, receiving a notice that they are being sued in a Justice of the Peace (JP) Court can be a moment of high stress. Whether the issue involves a security deposit, a minor traffic accident, or an unpaid invoice, the realm of “Small Claims” can feel daunting when financial stakes are involved.
To assist residents in navigating these legal waters, InForney spoke with Scott Gray, a founding partner at Guest & Gray and a lifelong member of the Kaufman County legal community. With decades of experience in civil litigation, Gray provides essential insights for those who find themselves facing a Kaufman County judge.
What is JP Court?
In Texas, Justice of the Peace courts are responsible for handling “Small Claims” cases where the amount in dispute is $20,000 or less. “The rules of evidence and procedure are streamlined compared to District Court,” Gray explains. “This setup is designed so that everyday citizens can represent themselves, although having legal representation often makes a significant difference in the outcome.”
When does a case end up here?
Common types of cases found in JP Court in Forney and Kaufman County include:
- Debt Claims: Unpaid credit card bills or medical expenses.
- Landlord/Tenant Disputes: Issues regarding security deposit returns or evictions.
- Property Damage: Minor car accidents or disputes with neighbors over property boundaries.
- Breach of Contract: Situations where a contractor has not completed a job or a buyer has failed to pay.
I’ve Been Sued In JP Court. What’s Step One?
“The biggest mistake people make is doing nothing,” warns Gray. “If you ignore the lawsuit, the plaintiff wins by default, which is known as a Default Judgment. Once this judgment is signed, they can begin to pursue your assets.”
The 14-Day Rule
Once you are officially served with a citation, the clock starts ticking. In Texas JP Courts, you generally have 14 days to file a written “Answer” with the court.
Scott’s Tip: “Your answer doesn’t have to be a legal masterpiece. A simple ‘General Denial’ is often sufficient to prevent a default judgment and indicate to the court, ‘I dispute these claims and I want my day in court.’
Preparing for Your Day in Court
If a settlement cannot be reached, your case will ultimately go to trial. Gray emphasizes that thorough preparation is crucial.
1. Gather Your “Paper Trail”
Evidence is paramount in Small Claims cases. You should compile the following:
- Receipts and invoices related to the dispute.
- Text messages or emails pertinent to the situation.
- Photographs of any property damage.
- Contracts or written agreements involved in the case.
2. Know Your Court
Kaufman County has several JP precincts. If you reside in Forney, you are likely under Precinct 2, presided over by Judge Amy Tarno…