Picture this: Your contractor left your home renovation project half-finished after you paid in full. Or maybe a business partner broke a significant contract that cost you thousands of dollars. These situations can leave you wondering if filing a lawsuit is your best option. While Hollywood might make lawsuits look simple, the reality of civil litigation in Texas requires careful thought and preparation. Let’s walk through what you really need to know before taking your case to court.
Understanding Civil Litigation in Texas
When we talk about civil litigation, we’re talking about legal disagreements where one party seeks money or specific actions from another party. Unlike criminal cases, civil litigation doesn’t involve criminal penalties. In Texas, where you file your case depends on how much money is involved. For amounts up to $20,000, you’ll file in Justice Courts. County Courts handle cases up to $250,000, while District Courts take on cases worth $250,000 or more, according to the Texas Courts website (Texas Judicial Branch).
Time Limits for Filing Your Lawsuit
Time is of the essence when it comes to filing a lawsuit in Texas. The law sets specific deadlines, known as statutes of limitations, for different types of cases. According to Texas Civil Practice and Remedies Code §16.003-004, you have two years to file personal injury and property damage cases, and four years for breach of contract and fraud cases. Missing these deadlines usually means losing your right to sue, so it’s essential to act promptly.
What to Do Before Filing
Before jumping into a lawsuit, take time to prepare properly. Start by collecting all documents related to your case. This includes any contracts, photos, medical records, emails, text messages, and financial documents. Think of it as building your case’s foundation – the stronger your evidence, the better your position.
Texas courts actually prefer that people try to work things out before filing lawsuits. Consider trying mediation or arbitration first. These methods often cost less money and time than going to court. Plus, they can help you maintain better relationships with the other party.
Speaking of costs, be prepared for various expenses along the way. You’ll need to pay filing fees when you submit your case, plus fees for serving papers to the other party. If your case moves forward, you might also need to pay for gathering evidence and possibly hiring expert witnesses. The Texas Judicial Branch website lists current filing fees so you can plan accordingly.
What to Expect During the Process
The civil litigation process follows a pretty clear path. After you file your petition and serve notice to the other party, they have about three weeks to respond. If they don’t respond, you might win by default. But if they do respond, your case moves into the discovery phase, where both sides exchange information and take depositions.
Before any trial happens, there will be various hearings and required paperwork. Keep in mind that most cases actually settle before reaching trial. However, if your case does go to trial, it could last anywhere from a few days to several weeks.
Common Pitfalls to Watch Out For
Many people make similar mistakes when handling their first lawsuit. Watch your deadlines carefully and keep detailed records of everything related to your case. Avoid talking about your lawsuit on social media – this happens more often than you’d think, and it can seriously harm your case. Also, make sure you’re following all court procedures, even the ones that seem minor. Remember, what you don’t know about the process can end up costing you time and money.
Ready to Start Your Civil Litigation Case?
The Law Office of Kyle J. Moore, PLLC can help guide you through the Texas civil litigation process. Our legal team understands that legal issues rarely come alone, which is why we also handle many other areas of law including real estate matters and landlord protection, small business law, contract disputes, property issues, business formation, and commercial leases.
Let us serve as your Texas civil litigation guide. We’ll help ensure your case is filed correctly and represented strongly from start to finish. Contact our office today to discuss your situation and learn how we can help protect your interests.