I've never done this before and was making sure I have the information I need before I go in and make a fool of myself, which might happen anyway.

I've drawn up my plaintiff's original petition and it looks good to me. It states that the sum is within the minimum jurisdictional limits of the court and discovery will be conducted under level 1 of Rule 190 of the Texas Rules of Civil Procedure.

When I take this to the court house to file it, I'll need to have the defendants served (which I'll request Private over the Constable) and they set a date.

Then I go to court, correct? I'm expecting little to no resistance from the defendants.

In the event the judge rules in my favor, I have to file a motion to enforce, correct? Then the court has a Sheriff or Deputy look over and find any non-exempt property to confiscate.

Then what?

I don't have any money to offer to a lawyer, that's why I'm Pro Se. If you have any suggestions, pleast let me know.

~Luke
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1969 Cougar - 11.91 - 380HP
2007 GSXR 750
1999 OZ - SOLD - 15.26 NA - 14.71 on 75 shot

Sounds like you have it under control. Small claims is easy, I don't know why more people don't make use of it.

The only concern is whether the venue you're filing in has jurisdiction over the transaction. I don't remember the rules, but I believe if someone ripped you off, you just file in the same county you live in.

It's not small claims court, it's District Court, much more formal, that's why I was curious about the procedings.

The lady that hit me and totaled my bike didn't have insurance. Since my bike was worth over $5000, small claims court does not have jurisdiction.

**EDIT**
PS, did the mods exclude the Pits from adding to post counts?

~Luke
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1969 Cougar - 11.91 - 380HP
2007 GSXR 750
1999 OZ - SOLD - 15.26 NA - 14.71 on 75 shot

After reading my eys out, I think I might have the confidence to submit my petition to the clerk and have the defendants served. Hopefully I can do it within the next week weeks. I have 2 exams next week and 1 the 2nd week of may, so maybe I should wait til after them.

~Luke
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1969 Cougar - 11.91 - 380HP
2007 GSXR 750
1999 OZ - SOLD - 15.26 NA - 14.71 on 75 shot

Of course you know there will be filing fees for that right? They charge so much for a new case then so much for each defendant you serve. Are you gonna serve them yourself or have a special process server do it? It sounds to me like you have it down. I'll check monday with my boss and see if there is anything else you might be overlooking. You might need to file some more stuff. Does the other side have an attorney?

According to the rules of civil procedure (or at leat my interpretation of it), I cannot server them, so I have to pay someone to do it. I don't expect the defendents to have an attorney, or any non-exempt property for that matter.

I've already tried working with them, but they refuse to work with me. At least if I get a judgement, I can pull money from their bank accounts, if I can find their banks.

~Luke
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1969 Cougar - 11.91 - 380HP
2007 GSXR 750
1999 OZ - SOLD - 15.26 NA - 14.71 on 75 shot