FILING A TCPA CLAIM IN COURT
(Disclaimer: I am not an attorney. I recommend consulting with an
attorney before bringing any action.)
Filing a Claim in Small Claims Court:
- PREREQUISITES: Send a certified letter, return receipt
requested, to the defendant, giving notice of your intention to
file a private right of action. State the amount of money you believe
you are owed, and if the money is not received within 10 days from the
date of the receipt of the letter, suit may be filed.
If the demand for damages is not met, proceed with filing a
private right of action in small claims court. Most small claims courts
have a form that can be filled out stating the nature of one's claim.
- FILING SUIT: The responsibility for filling out your petition
rests with you, the plaintiff. Court clerks will assist you if you have
- IDENTIFICATION: The defendant is either an individual d/b/a
(doing business as) or an incorporation.
- VENUE: A private right of action can be filed in the precinct of
the county where the violation occured or in the precinct of the
principle place of business.
- JURISDICTION: Jurisdiction in Small Claims Court is for the
recovery of damages only, where damages do not exceed $5,000.00. Court
be added to that amount.
- COSTS: The filing fee is $15.00. Serving by constable costs
$50.00 to $60.00 depending on county constable fee.
- CITATION: A citation is sent to the Constable's office for
service. Out of county service is sent to the county Constable or
the information you provide the Court.
- ANSWER: The defendant(s) in the action is/are commanded to
answer to the Court, in person or in writing, on the Monday following
the expiration of twenty days from the date the citation was served
- REPRESENTATION: Small Claims Court was designed for individuals
to be able to file suits without the assistance of an attorney,
however, you may be represented by an attorney if you choose to do so.
The Rules of Evidence are not in effect in Small Claims Court and the
Rules of Procedure are relaxed.
Filing a Claim in County Court:
- TRIAL: The plaintiff has the burden of proof to show by the
weight of the evidence that the defendant is at fault, You should bring
with you to trial all proof of damages and evidence necessary to
substantiate your claim. You may also subpeona witnesses.
Filing a Claim in District Court:
- The same as Small Claims or JP Court except that jurisdiction is
raised to $100,000.00 and the court can issue a writ (injunctive
Filing fees also rise ($140.00).
E-mail will be dealt with accordingly!
- The same as above except that jurisdiction is now up to
$1,000,000.00, and accordingly, filing fees are substantially higher
*additional court "fund" fees may apply.
Last update 07/02/05