Legal Question in Civil Litigation in Texas

Small Claims Court

My daughter's father signed over his rights. She is 14. He did this to keep from paying child support. The court ordered her father to give my daughter everything that is her's. Unfortunately she has a very mean step-mother. They put what they wanted to give to her on the street corner. She came to me with no clothing, all her belongings and gifts were taken away from her. She was hurt badly, especially since her father went along with his wife. The police officer told her that she needed to take him to court. She wants to do that. She has already made a list of items that are missing. I have done this pro se for 4 years and have won every case. Could you please guide me to where I could find the filing forms? And is it District or County court. Any help would be appreciated.


Asked on 11/18/02, 4:18 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Small Claims Court

If you want the recovery of the specific property, you'll have to go to some court other than Small Claims, since Small Claims can only award money damages.

If the value of the goods is under $5,000, you can bring the suit in Justice Court. That's also heard by the same Justice of the Peace, but it has the formalities of pleading as any of the higher courts. If it's over $5,000 and under $100,000, then County Court has jurisdiction.

Go to the county law library and ask the librarian for a formbook for typical pleadings.

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Answered on 11/18/02, 5:02 pm


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