We all appreciate the thanks, jj123, so thank you.Thanks for everyone's help. I will file on Monday.
Then you should consider speaking to an attorney for assistance.I read that document previously but it didn't answer my questions.
There are under “Self Help” in your link both “need help” and “contact us“ links where you can ask questions - or you could select a different efile site from those listed on the government website to see if their instructions are easier for you to follow, or you could fill out a paper complaint rather than efiling.I read that document previously but it didn't answer my questions.
A court clerk cannot offer (or, rather, should not offer) legal advice. That said, sending a formal demand letter informing of a lawsuit to follow if the demand to pay is not met, can be done prior to filing suit.I just got off the phone with a clerk at a court house and he mentioned I should send a certified demand letter before going to small claims court. What do you think about his suggestion.
If a demand letter is not required by law, then suggesting that one be sent really isn't practicing law.A court clerk cannot offer (or, rather, should not offer) legal advice. That said, sending a formal demand letter informing of a lawsuit to follow if the demand to pay is not met, can be done prior to filing suit.
You should read the information in the “self-help, filing a small claims case” link provided to you in Post Number 4.
It is making a suggestion on how to handle a case.If a demand letter is not required by law, then suggesting that one be sent really isn't practicing law.
The OP should review the following site:
https://guides.sll.texas.gov/small-claims
It is making a suggestion on how to handle a case.
The link I provided earlier has easy to understand instructions on filing a small claims case.
Okay. However, it is stated in the link I provided that “the court is not allowed to give you advice on ... whether you should file a case ...”The courts suggest sending such a letter. It is a suggestion made by the courts for all small claims cases. It is not legal advice.
Fair enoughOkay. However, it is stated in the link I provided that “the court is not allowed to give you advice on ... whether you should file a case ...”
A demand letter is not necessary but if jj123 wants to send one, it doesn’t necessarily hurt except to delay filing suit.
I don’t think most people would press the issue either way. It would only hurt a future plaintiff if the deadline for filing a lawsuit passes because a demand letter is sent instead of filing suit within the limitations period. Here, jj123 appears to have time for both.Fair enough![]()