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					                                                    JUSTICE COURT CIVIL


                                         Justice Court Pct 3 of Midland County, Texas
                                          400 S. Main Street – Midland, Texas 79701
 Honorable Billy G. Johnson, Jr.
 Justice of the Peace, Pct. 3
 (432) 688-4723

Instructions and information for filing a Justice Court Suit. Please read carefully before completing the petition.

As a matter of law, neither the Judge nor the Clerk of the Court is allowed to discuss any material fact of the lawsuit with a plaintiff or
defendant.

The amount of the debt or damages or personal property for which you may sue in Justice Court may not exceed the $10,000 limit of
the court.

In all civil suits, the defendant generally has the right to be sued in the county and precinct in which he resides. There are exceptions
to this venue rule. Should you be filing this suit in this county and precinct because it is convenient to you, there may be a motion by
the defendant to transfer venue (request that this suit be transferred to some other county and precinct). Should there be a motion by a
defendant to transfer venue, please be advised that after the motion is made, a hearing shall be set 45 day after the motion is filed,
unless both parties agree, in writing to shorten the 45 day time period.

It is your burden as a plaintiff and it is important that you understand that for any potential judgment you may receive to be valid it is
necessary for you to sue the defendant in their proper legal capacity, of which there are typically three. They are as follows:

Personally - - Where an individual is responsible to you for damage he may have caused you as an individual.

Proprietor or Partnership - - A business that is not incorporated, but does have on file an assumed name with the County Clerk. For
example: John Smith d.b.a. Greenhouse Supplies.

To determine whether or not this person has filed an assumed name, you would contact the County Clerk.

Corporation - - The business which has allegedly caused you damage is incorporated and therefore it is necessary to know the
individual’s name who is able to accept service on behalf of the corporation. The authorized agent for service would be listed with the
Texas Secretary of State whose phone number is 1-800-252-1386. For example: Greenhouse Inc., serve John Doe.

It is also possible for an incorporated entity to have an assumed name, for example Greenhouse, Inc. d.b.a. Greenhouse Supplies.

Also as plaintiff, you must sue in the legal capacity in which you are damaged.

Prior to filing this suit you must send a Demand letter to the party you are going to sue giving the party at least 10 days to notify them
of the potential for civil action and give them an opportunity to satisfy the claim prior to the suit. A person or entity must be totally
aware of why he is being sued. This must be sent certified mail return receipt requested.

This court will give you a receipt showing your case number and the clerk’s phone number so that you may call in periodically to
determine the progress of your case. It is of the utmost importance to use your case number when calling or transacting business
with the Court. Any change of address or phone number must be supplied to the court and to the defendant. It is imperative
that you provide us with your daytime telephone number.

NOTE: Pursuant to the 1999 revisions of the Texas Rules of Civil Procedure (TRPC) by the Texas Supreme Court, effective
January 1, 1999 every civil case filed shall be governed by a Discovery Control Plan. TRCP 190.1, states, “Every [civil] case
must be governed by a discovery control plan as provided by this Rule. A plaintiff must allege (state) the first numbered
paragraph of the original petition whether discovery is intended to be conducted under Level 1, 2, or 3 of this rule.”

You must file 2 original copies of Plaintiff’s Original Petition. Once you have filed the petition stating the facts and circumstances
of your suit, a citation will be served to the defendant notifying him of the fact that a suit has been filed against him in this court.

The citation will order the defendant to answer to this suit on or before the Monday following the expiration of ten days from receipt
of the citation. If he fails to do so, you then become eligible for a default up until the time the answer is filed.
Page 2 – Small Claims



If the defendant answers the suit, this court will notify both parties by mail as to the trial date. The trial date will be approximately
four weeks from the date the defendant answered the suit. Motions for continuance must be made in proper form (written request
supported by affidavit), timely filed at least 3 working days in advance of the trial setting with a copy forwarded to the opposing party.
It must show good cause. Do not presume the motion for continuance will be granted merely because it is filed. The court will advise
you of its ruling.

If you have witnesses to your lawsuit who will not come to court voluntarily, you may ask this court, approximately 2 weeks before
trial, to subpoena those individuals to trial. Allow at least a week for service of the subpoena. Our jurisdiction is limited to a 150-mile
radius for subpoenaed documents or individuals. (See fee schedule for amount of required fees.)

If at any time prior to the trial you no longer wish to continue with the suit, please notify the court in writing as soon as possible. If
you reach an out-of-court settlement and/or your claim has been satisfied, or if you reach an agreed settlement please notify the court
in writing.

With respect to the trial itself, all legal rules of evidence and procedures apply in Justice Court suits. With that statement, we suggest
that if one party has an attorney, the other party will be well advised to secure one. However, the Constitutional intent relative to the
creation of this court was not only to be one in law, but also to be one in equity. Therefore, we will assure both the plaintiff and the
defendant that all facts will be solicited and a decision rendered in regard to the evidence which is presented in this Court.
Corporations are required to be represented by an attorney in this court. Non-attorney agents cannot represent individuals and
proprietorships.

Should you receive judgment, the court does not collect the judgment. However, you may request an Abstract of Judgment and or
Writ of Execution to help you in collection of this judgment. (See fee schedule for required fees.)

An Abstract of Judgment puts a lien on any real property the defendant may own in a particular county where the Abstract is
recorded. The Abstract is only valid in the county or counties where it is recorded. This can be obtained ten days after the date the
judgment is signed.

A Subpoena may be requested if you need a witness in your case. Except as provided by Section 22.002, a witness is entitled to $10
dollars for each day the witness attends court. This fee includes the entitlement for travel and the witness is not entitled to any
reimbursement for mileage traveled. The party who summons the witness shall pay that witness’s fee for one day, as provided by
this section, at the time the subpoena is served on the witness. The witness fee must be taxed in the bill of costs as other costs.

The Writ of Execution may be obtained thirty days after the judgment is signed. This document authorized the Sheriff or Constable
to seize any assets belonging to the defendant that are subject to this writ. Those assets are then auctioned at a public sale and the
proceeds are applied to the judgment.

A Writ of Garnishment is also available 30 days after the final judgment has been signed. This Garnishment proceeding is a
separate suit wherein you are the plaintiff and the defendant’s bank becomes the defendant. You are actually suing the bank in which
the original defendant has his bank account. You are warning the said bank to freeze the monetary assets of his account and to appear
and make answer to the Garnishment suit. An attorney is required.

A Turnover Order is available after the judgment is signed and its purpose is to provide a court-ordered means of reaching property
which cannot easily be reached thorough ordinary legal process and which is not exempt from attachment, execution, etc. An
attorney should be used as the courts clerical staff will not be able by law to assist you in drafting the documents that are necessary.

Please understand that as a plaintiff, you have the burden of proof to show by the preponderance of the evidence that the defendant
you are suing is the proximate cause of your damage(s) in the legal capacity which defendant is sued. All damages and evidence
necessary to meet your burden should all be available at the time of filing and no later than the date of the trial.

All pre-trial discovery methods available to both sides by the Texas Rules of Civil Procedure need to be completed by the trial date
and in strict compliance with those rules. Please see TRCP 190.1.

If you have any other procedural questions, please ask and our Civil Clerk will try to answer them. This Court or Court staff may
not answer any legal questions.
Page 3 – Small Claims




        Fee Schedule for Justice Court suits: (No out-of-town checks accepted)

                                                     Court Fees       Service Fees      Total
Filing fee-Defendant in Midland County               $27              $65               $92
        2 Defendants                                 $27              $130              $157
        Defendant out-of-County                      $27              Call for amount
Jury Fee                                             $5                                 $5
(Request for Jury must be made and fee paid at least one full day before trail.)

Abstract of Judgment                                $7                                  $7
Writ of Execution                                   $7               $150               $157
Subpoena                                            $7               $65                $72
Writ of Garnishment                                                  $150               $150
Turnover Order                                                       $150               $150
Page 4 – Small Claims
                                   CAUSE NUMBER __________________

THE STATE OF TEXAS                              §                IN THE JUSTICE COURT, PRECINCT______
COUNTY OF MIDLAND                               §                MIDLAND COUNTY, TEXAS

                               PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

PLAINTIFF:      FULL NAME(S) PLAINTIFF’S LEGAL NAME (CAPACITY IN WHICH YOU ARE SUING THE
                DEFENDANT)

ADDRESS:        ADDRESS (BE SURE TO KEEP CURRENT WITH THE COURT)
                CITY, STATE AND ZIP CODE
PHONE:          DAYTIME TELEPHONE NUMBER (S)

DEFENDANT: FULL NAME(S)

OR AUTHORIZED AGENT FOR SERVICE:

ADDRESS:        (BE SURE TO KEEP CURRENT WITH THE COURT)
                CITY, STATE, AND ZIP CODE
PHONE:          DAYTIME TELEPHONE NUMBER (S)

IF SUIING A COMPANY, NAME AN INDIVIDUAL TO BE SERVED WITH CITATION, SUCH AS THE
 AUTHORIZED AGENT.

CAUSE OF ACTION: PLEASE CONSULT TRCP 190.1 DISCOVERY CONTROL PLAN REQUIRED (SEE NOTE PG. 1)
                 GIVE A FULL DISCRIPTION OF THE CAUSE OF ACTION (Act causing debt or damage) THE
                 DEFENDANT MUST BE TOTALY AWARE OF WHY HE IS BEING SUED.
                 IF THE DEBT OR DAMAGE INVOLVES ESTIMATES AS PROOF ((such as auto accident), BRING
                 THREE ESTIMATES FOR REPAIR TO COURT ON THE HEARING DATE. IN SOME CASES
                 EXPERT TESTIMONY MUST BE SECURED TO JUSTIFY THE COST(S) OF REPAIRS AS IT
                 APPLIES TO STANDARD PRACTICE AND CHARGES WITHIN THE COMMUNITY.
                 IF SUING FOR PERSONAL PROPERTY, A COMPLETE DESCRIPTION MUST BE INCLUDED ON
                 THE PETITION. INCLUDE ANY APPLICABLE DATES.

BE COMPREHENSIVE ENOUGH WITH THE ALLEGATIONS SO THAT A THIRD PARTY HAVING
NO KNOWLEDGE OF THE SUIT COULD READ THIS PETITION AN UNDERSTAND YOUR CLAIM.
(ATTACHMENTS MAY BE USED)

TOTAL AMOUNT SUED FOR:
                DOLLAR AMOUNT (S) PLUS COURT COSTS

PLUS COURT COSTS:
PLAINTIFF RESERVERS THE RIGHT TO FURTHER PLEADS ORALLY ON TRIAL THEREOF.


                                                SIGNATURE
                                                Plaintiff


                                                Attorney for Plaintiff


                                                Address


                                                Telephone Number
Page 5 – Small Claims

                                     CAUSE NUMBER ___________________


THE STATE OF TEXAS                                 §                IN THE JUSTICE COURT, PRECINCT______
COUNTY OF MIDLAND                                  §                MIDLAND COUNTY, TEXAS

                                 PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

PLAINTIFF: __________________________________________________________________________________________

ADDRESS: ____________________________________________________________________________________________

PHONE (s): ___________________________________________________________________________________________

DEFENDANT: _________________________________________________________________________________________
OR AUTHORIZED AGENT FOR SERVICE:
ADDRESS: ____________________________________________________________________________________________

PHONE (s): ___________________________________________________________________________________________



CAUSE OF ACTION:
                        __________________________________________________________________________________
                        __________________________________________________________________________________
                        __________________________________________________________________________________
                        __________________________________________________________________________________
                        __________________________________________________________________________________
                        __________________________________________________________________________________
                        __________________________________________________________________________________
                        __________________________________________________________________________________




TOTAL AMOUNT SUED FOR: $ _________________________________________________________________________


PLUS COURT COSTS: $________________________________________________________________________________

PLAINTIFF RESERVERS THE RIGHT TO FURTHER PLEADS ORALLY ON TRIAL THEREOF.




                                                   Plaintiff


                                                   Attorney for Plaintiff


                                                   Address


                                                   Telephone Number
Page 6 – Small Claims

                                       CAUSE NUMBER______________



THE STATE OF TEXAS                                 §                IN THE JUSTICE COURT, PRECINCT______
COUNTY OF MIDLAND                                  §                MIDLAND COUNTY, TEXAS

                                 PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

PLAINTIFF: __________________________________________________________________________________________

ADDRESS: ____________________________________________________________________________________________

PHONE(s): ____________________________________________________________________________________________

DEFENDANT: _________________________________________________________________________________________
OR AUTHORIZED AGENT FOR SERVICE:
ADDRESS: ____________________________________________________________________________________________

PHONE(s): ____________________________________________________________________________________________



CAUSE OF ACTION:
                               ___________________________________________________________________________
                        __________________________________________________________________________________
                        __________________________________________________________________________________
                        __________________________________________________________________________________
                        __________________________________________________________________________________
                        __________________________________________________________________________________
                        __________________________________________________________________________________
                        __________________________________________________________________________________



TOTAL AMOUNT SUED FOR: $ ________________________________________________________________________


PLUS COURT COSTS: $ ________________________________________________________________________________

PLAINTIFF RESERVERS THE RIGHT TO FURTHER PLEADS ORALLY ON TRIAL THEREOF.




                                                   Plaintiff


                                                   Attorney for Plaintiff


                                                   Address


                                                   Telephone Number
Page 7 – Small Claims

In addition to the above information, the Service members’ Civil Relief Act has become law. The legislation, passed
by Congress and signed by the President, took effect immediately when it was signed on December 19, 2003.

When filing any Civil Suits this form must be filled out and accompany the complaint upon filing. The fees remain
the same.


                                      DOCKET NO._______________________

                                      CASE NO. __________________________

                                                    AFFIDAVIT
                                                    SEC. 201 (b)

Plaintiff being duly sworn on oath deposes and says that defendant(s):

[ ] is not in the military

[ ] not on active duty in the military and/or

[ ] not in a foreign country on military service

[ ] is on active military duty and/or is subject to the Service members Civil Relief Act of 2003 .

[ ] military status is unknown at this time



                                 ________________________________________________
                                 PLAINTIFF

(Select the applicable title for the jurat below)

Subscribed and sworn to before me on this the _____day of __________________,20____.




                                 ________________________________________________
                                 NOTARY PUBLIC IN AND FOR THE STATE OF
                                 TEXAS/CLERK OF THE JUSTICE COURT


Penalty for making or using false affidavit – a person who makes or uses an affidavit knowing it to be false,
shall be fined as provided in title 18 United States Code, or imprisoned for not more than one year, or both.
Page 8 – Small Claims




                               SERVICE INFORMATION SHEET
PLEASE COMPLETE THIS INFORMATION TO EXPIDITE SERVICE OF YOUR PAPERS.

PLAINTIFF NAME: ______________________________________________________________________________

RESIDENCE: _____________________________________________________________________________________

PLACE OF EMPLOYMENT: _______________________________________________________________________

RESIDENCE PHONE:                                 WORK PHONE: _____________________________________

Number at which you can be reached or can leave a message: _____________________________________________

**************************************************************************************************

DEFENDANT NAME: ____________________________________________________________________________

RESIDENCE: _____________________________________________________________________________________

PLACE OF EMPLOYMENT: _______________________________________________________________________

RESIDENCE PHONE:                                 WORK PHONE: ____________________________________

MAIL ADDRESS IF DIFFERENT: __________________________________________________________________

TYPE OF RESIDENCE: ___________________________________________________________________________

Description of residence and any special direction:

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

				
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