Small Claims Suit

The amount of debt or damages for which you may sue in Small Claims Court may not exceed the limit of the court, which is $20,000.00. In all civil suits, the defendant has the right to be sued in the county and precinct in which he resides. There are exceptions to this rule.

It is your burden as a plaintiff 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 damages he may have caused you as an individual.
  • Proprietor or Partnership: A business that is not incorporated, but does have on file with the County clerk an assumed name e.g. John Smith d.b.a. Greenhouse Supplies. You may also file against the individual and his business, John Smith ind./dba Greenhouse Supplies. To determine whether or not this person has filed an assumed name, you would contact the County Clerk at the Lubbock County Courthouse.
  • 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. We also need the individual's address. (The authorized agent for service would be listed with the Secretary of State whose phone number is 1-512-463-5555) e.g. Greenhouse, Inc. Serve: John Smith registered agent.

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.

If, as plaintiff, you are in the business of loaning money either primarily (banks, credit unions, savings and loans), or secondarily (credit cards) you are not allowed to file in the Small Claims Court; however, an attorney representing any of the above may file suits on the behalf of the above in the Justice Court. Also, an action in Small Claims Court may not be brought by an assigned claim; or collection agency.

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 suit has been filed against him in this court.

The citation will order the defendant to answer this suit on or before 10 a.m. the Monday following the expiration of ten days from the receipt of the citation. If he fails to do so, you then become eligible for a default judgment up until the time an answer is filed.

If the defendant answers the suit, this court will refer your case to the Fort Bend Dispute Resolution Center for mediation and will notify both parties of the setting by mail. We discourage motions for continuance. Any request for a continuance must be in proper written form and timely filed. This court requires three (3) days written notice for a continuance.

If you have witnesses who will not come to court voluntarily, you may come in one week prior to the trial and ask that a subpoena be prepared to secure their presence. Notarized statements from individuals are of very little value. Personal appearance and testimony is much more beneficial.

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.

If you have any other procedural question, please call our Civil Department which will try to answer them. Court personnel are strictly prohibited from answering any legal questions. More information about Abstracts and Writs may be found at the law library or the internet site referred to earlier in this section, or by consulting an attorney.

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Self Help Information:

You may also visit the TJCTC website for additional information at https://www.tjctc.org/SRL.

Precinct guide
Evictions
Effective January 01, 2026, new statutes and rules went into effect regarding the eviction process.

 

Introduction

 

All eviction suits must be filed in the Justice of the Peace Precinct where the property is located. It is important to understand that the Judge is neither an advocate for the landlord or tenant, and each case is tried on it's own individual merit. Court costs in the amount of $134.00 are due at the time of filing (additional fees may apply).

If your property is located in Precinct 1 - Place 2, you can file a suit to legally evict someone in this Court. Once the suit is filed, the Judge holds a hearing to determine who has the superior right of possession to the property. By law, you are only allowed to sue for past due rent in an eviction case.

Which Precinct Is My Property Located?

The Fort Bend County Voter Street Guide is a helpful tool for candidates, officeholders and the general public for determining voting precinct and district assignment to street addresses. Justice of the Peace and Constables use this guide to determine/verify jurisdiction on service addresses.

The Eviction Process

  1. The notice to vacate/notice to pay or vacate
    The Landlord is required by law to give the tenant a written notice. The notice to vacate may be delivered to the defendant by: handing it to them or to any tenant of the premises who is 16 years of age or older, mailing it to the premises, addressed to the defendant, delivering to the inside of the premises, in a conspicuous (prominent or noticeable) place, or if you and the tenant have agreed in writing, electronic communication, including email or other electronic means.

    Please refer to Property Code § 24.005 for guidance on the appropriate type of notice to provide to the defendant. Additionally, you may review the Self-Help Legal Information Packet provided by TJCTC, listed below.
     
  2. Filing the Suit
    You must file an original petition with the Court and must pay court costs. These court costs pay for filing your suit, your court hearing, and for the Constable to serve the citation. The citation is the notice to the tenant that you are attempting to evict him.
     
  3. Going to Court
    You must go to Court and prove your case by a preponderance of the evidence. Simply filing a suit does not necessarily mean you will win your suit. You should bring all documents and other evidence with you to Court in a well organized fashion. At the hearing, you will have to present evidence to show that you are entitled to possession of the premises.
     
  4. Writ Of Possession
    If you have won your suit in Court, and the mandatory five day appeal period has passed, and the other party is still in the premises, you can file a request for a Writ of Possession in Court. A Writ of Possession is a Court order to the Constable to place you in possession of the property. The Writ of Possession will cost you an additional fee, and may be filled out at our office. The Constable of your particular Precinct can answer your questions about this Writ.

    Search Texas Constitution and Statutes related to evictions.

The Texas Property Code, Texas Rules of Court, and Civil Practices and Remedies Codes are books of law. Nothing within this web site should be construed as legal advice. You are always encouraged to consult a law book or speak with your attorney concerning legal issues.

Download / Print

Self Help Information:

You may also visit the TJCTC website for additional information at https://www.tjctc.org/SRL.

Disclaimer:

The information contained in this section is NOT purported to be all inclusive. Neither is it intended to serve as legal advice. You are strongly encouraged to consult the actual law, or consult with an attorney for answers to your questions. The County Law Library, on the 3rd floor of the Fort Bend Justice Center located at 1422 Eugene Heimann Circle, Richmond, TX 77469, has law books that cover the topics discussed in this section.

Search Texas Constitution and Statutes to access Texas law books cited on this page.

eFiling - Pro Se Litigant

Electronic Filing - Pro Se Litigant (Guide & File)

Electronic Filing, a voluntary program, allows attorneys and citizens to file Small Claims, Evictions, Debt Claims, and many other types of Civil Filings electronically over the internet from the convenience of a home or office computer.

This solution greatly increases the efficiency of court operations and allows people to use a credit or debit card to pay for civil court costs. Once your eFiling is accepted by the clerk, you will receive a confirmation message and file-stamped copy via email. You may still file in person at our office or by regular mail.

The following links will Guide a Pro Se Litigant through completing a formal complaint up to and including filing.

Links

eFiling Attorneys

Electronic Filing (Civil Filings Only)

Electronic Filing, a voluntary program, allows attorneys and citizens to file Small Claims, Evictions, Debt Claims, and many other types of Civil Filings electronically over the internet from the convenience of a home or office computer.

This solution greatly increases the efficiency of court operations and allows people to use a credit or debit card to pay for civil court costs. Once your eFiling is accepted by the clerk, you will receive a confirmation message and file-stamped copy via email. For more information or to register for eFiling, please visit http://efiletexas.gov/.

You may still file in person at our office or by regular mail.

Forms

Justice of the Peace Precinct 1, Place 2

Civil

Disclaimer

The information contained in this section is NOT purported to be all inclusive. Neither is it intended to serve as legal advice. You are strongly encouraged to consult the actual law, or consult with an attorney for answers to your questions. The County Law Library, on the 3rd floor of the Fort Bend Justice Center located at 1422 Eugene Heimann Circle, Richmond, TX 77469, has law books that cover the topics discussed in this section.

Search Texas Constitution and Statutes to access Texas law books cited in this site.

General Questions and Information

There are four types of civil suits filed in Justice Court: Debt Claims, Evictions, Repair & Remedy and Small Claims. Contact our office for help with calculating your filing fees and for information regarding payment methods.

Court Standards

General Procedures:

For regular court session, please approach the window and sign in. At the appropriate time you will be called into the courtroom.

Before entering the secure areas of the court, all electronic devices such as cell phones must be on silent or off. You may not talk on a cell phone, play electronic games, listen to music via headphones, read newspapers, magazines or similar materials in secure areas or the courtroom. Do not bring gum, food or beverages into the secure area or the courtroom.

If you must bring children, please monitor their behavior so they remain quiet at all times. Parents may be asked to leave the court room if their child becomes noisy or unruly.

Dress Code:

Appropriate attire is required and enforced in the courtroom. T-shirts that carry offensive slogans, with obscene language and inappropriate graphics are NOT allowed. Certain articles of clothing such as shorts, house shoes, tank tops, halter/ tube tops, muscle shirts, caps/hats are not permitted in the court room. No shirttails out. FAILURE to do so may result in your court appearance being rescheduled or being held in contempt of court.

Courtroom Security:

All persons & packages subject to search. NO weapons are permitted in the building or in the courtroom. A metal detector may be in use. Please avoid large purses, backpacks, etc.

Juveniles:

Defendants whom are sixteen (16) years of age and under must appear with a parent or legal guardian. Parents can be compelled to attend their child's court sessions. Although parents may not act as a representative of the juvenile or enter a plea for the juvenile they will be allowed to stand before the bench and confer with the juvenile during most court proceedings.

Justice Court

Justices of the Peace serve both as Judges and Magistrates. As Judges, they preside over justice criminal courts, justice civil court, and small claims court. Criminal cases include but are not limited to traffic cases, school attendance cases, minor alcohol violation cases, and minor tobacco violation cases. Law enforcement agencies, including but not limited to the Fort Bend County Sheriff’s Department, Department of Public Safety, Parks & Wildlife, Health Department, Animal Control, and Constable’s Office file complaints in justice criminal court. Civil cases include but are not limited to evictions and other suits with amounts in controversy up to $10,000. Every party to a civil suit has the right to request a jury proceeding.

As magistrates, Justices of the Peace issue warrants, conduct criminal examining trials, admonish prisoners, and set bonds. They also conduct juvenile detention hearings and admonish juveniles for statements. Additionally, Justices of the Peace perform marriage ceremonies and perform coroner duties on deaths that occur when not attended by a physician.

While defendants may represent themselves in a case before the justice court, defendants should consider seeking legal counsel before filing a plea. It is the duty of this office to help you in any way possible, but the Rules of Judicial Ethics prohibit this office:

  • From giving legal advice
  • Telling either party how to present their case.
  • Expressing opinions of law.

The Judge and Court Clerks can answer questions:

  • Only of a general nature.
  • About procedures of the Court.
  • Concerning court costs.

The Judge and Clerks must remain impartial, and cannot hear any part of a case, or discuss the merits of any case, unless all parties are present.

Precinct 1, Place 2

Judge Tricia Krenek

Justice of the Peace, Precinct 1, Place 2

 

Judge Tricia Krenek

Judge Tricia Krenek is grateful for the opportunity to serve the residents of Fort Bend County as Justice of the Peace, Precinct 1, Place 2. Prior to taking the bench in January 2023, Judge Krenek advocated for others and achieved positive impactful results as an attorney, certified mediator, small business owner, and public servant. As a Judge, she continues to bring her legal skills and keen business acumen to the bench.

 

Judge Krenek graduated from the University of St. Thomas earning both a BBA and MBA in accounting prior to obtaining her law degree from the University of Houston Law Center.  She has studied abroad as an undergraduate at the University of Reading in England and at the University of Innsbruck in Austria.  Prior to entering private practice, Judge Krenek served as a judicial law clerk to a state district Judge.

As the former managing partner of a small litigation boutique firm in Katy with her husband, Ed Krenek, Judge Krenek has a first-hand understanding and respect for the rule of law and has handled hundreds of cases to conclusion through trial, mediation, and settlement.  Her experience includes a wide variety of business and commercial litigation, consumer matters, landlord-tenant issues, and a host of other civil cases. In addition to her legal and business experience, Judge Krenek has a proven track history of working with people at the local, state and federal levels to provide services and solutions to the people of Fort Bend County.  Motivated by her desire to serve her community, Judge Krenek was elected to Fulshear City Council in May of 2014, and served as Mayor Pro Tem from May 2017-May 2018.  She is a member of the State Bar of Texas, College of the State Bar, Fort Bend County Bar Association, past President of the Brazos River Rotary Club, Fulshear-Katy Area Chamber of Commerce, and the Justice of the Peace and Constable Association. 

Judge Krenek is humbled to share her uniquely qualified experience and talents as a small business owner, attorney and public servant with the residents of Fort Bend County as she continues to follow the path of public service with focused leadership.

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