Where Do You File Suit?  

You must normally file suit in the county where the party that is being sued, that is the defendant, resides, or where the services you are complaining about were performed. Under the law, however, suit may be filed:

(1) the county and precinct where the defendant resides;

(2) the county and precinct where the incident, or the majority of incidents, that gave rise to the claim occurred;

(3) the county and precinct where the contract or agreement, if any, that gave rise to the claim was to be performed; or

(4) the county and precinct where the property is located, in a suit to recover personal property.

The justice of the peace in each county hears eviction cases, repair and remedy cases, debt claim cases, and small claims cases in justice court. The justice court will be listed in the telephone directory as justices of the peace. If your telephone book has government offices listed separately, look under the listings for justices of the peace in the appropriate county.

If there is more than one justice of the peace in a county, then a small claim normally must be made in the court whose precinct covers the area where jurisdiction is based.

Under some circumstances, more than one court can be used. For example, if the defendant lives in one precinct, but contracted to perform services in another county, you can select either county as the place to bring suit. If there is more than one justice of the peace in the same city, or in the same precinct, you can file suit in either court. If you still have a question about which court to use, call or visit the office of the justice of the peace. Generally, if you call the justice of the peace's office with the address of the party against whom you are filing suit, the court can give you the precinct in which you should file your claim. Most court clerks are very helpful.