Legal Question in Civil Litigation in Texas

Plaintiff Original Petition

I want to file a small claim for damage & rental car unpaid by my insurance.The other driver filed a Policy Release with his insurance and will not pay. I want to file for triple damages because of bad faith. The County Clerk told me I needed a Plaintiff Original Petition,but could not tell me what it is.I have evidence to support my claim. Should I do this myself or hire a lawyer? Triple damages would only be about $1300 and court cost. Is there anywhere I can go for low cost legal help? Do I get monies back for having to serve witnesses?


Asked on 5/14/04, 4:42 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Plaintiff Original Petition

If you're filing in Small Claims, ask the clerk for a brochure on Small Claims. That should answer most of your questions, and steer you in the right direction. You don't need a lawyer for Small Claims.

If you have to subpoena a witness, the cost of serving the subpoena should be counted as part of court costs.

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Answered on 5/14/04, 5:50 pm


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