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

Debt claim cases in justice court are governed by rules 500-507 and 508 of Part V of the rules of civil procedure. To the extent of any conflict between rule 508 and the rest of part v, rule 508 applies.

In all small claim/debt claim suites, the defendant has the right to be sued in the county and precinct in which they reside

In addition to the information required by rule 502.2, a petition filed in a lawsuit governed by this rule must contain the following information:

Credit Accounts

In a claim based upon a credit card, revolving credit or open account, the petition must state:

• The account name or credit card name;
• The account number (which may be masked);
• The date of issue or origination of the account, if known;
• The date of charge-off or breach of the account, if known;
• The amount owed as of a date certain; and
• Whether the plaintiff seeks ongoing interest.

Personal and Business Loans

In a claim based upon a promissory note or other promise to pay a specific amount as of a date certain, the petition must state:

• The date and amount of the original loan;
• Whether the repayment of the debt was accelerated, if known;
• The amount due as of the final payment date;
• The amount owed as of a date certain; and
• Whether plaintiff seeks ongoing interest.
• Ongoing interest If a plaintiff sees ongoing interest, the petition must state: The effective interest rate claimed;
• Whether the interest rate is based upon contract or statute; and
• The dollar amount of interest claimed as of a date certain.

Assigned Debt

• If the debt that is subject of a claim has been assigned or transferred, the petition must state:
• That the debt claim has been transferred or assigned;
• The date of the transfer or assignment;
• The name of any prior holders of the debt; and
• The name or a description of the original creditor.

You are strongly urged to discuss your case with an attorney if you are suing a proprietor, partnership or corporation. You are responsible for suing the correct party in their correct capacity. Nothing within this section should be construed as legal advice. For help in understanding the justice courts and the Small Claims process, two self-help documents are provided as follows:

• Self-Help Information Packet When a Debt Claim Case Has Been Filed Against You

To complete the filing process, a justice court civil information sheet, original small claims petition and a service members civil relief act sec. 201(b) will need be completed, signed and filed with the court. If filing by mail, the service members civil relief act sec. 201(b) signature will need to be notarized.