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Defendant. BEXAR COUNTY, TEXAS. PLAINTIFFS' SECOND AMENDED ORIGINAL PETITION as.Citation directed to City of San Antonio, County Judge Nelson Wolff, Plaintiff's. Plaintiff's Original Petition for Declaratory. District Court of Bexar County, Texas. Be sure to fill it out completely before you file it with the courthouse. The following information must be in the petition. Small claims are cases filed in the justice court system (also referred to as justice of the peace courts) in Texas. To begin an action in the Small Claims Court, the plaintiff, or claimant, must make a statement of the claim under oath. Small claims are cases filed in the justice court system (also referred to as justice of the peace courts) in Texas.
To begin an action in the Justice of the Peace Court, the defendant may file a motion seeking a determination of the claim by a justice of the peace. If the claimant fails to respond to the complaint within 10 days of this motion, the judge can enter a judgment against him or her, and the defendant must appear in court on the date of a trial. If the plaintiff or defendant does respond and answer or otherwise contest the claims in the complaint within 30 days of being served, the judge shall enter a judgment against him or her. An answer or motion to dismiss must be filed within the same time period. If the claims in the complaint are not decided within 30 days, a default judgment is entered. This happens when the court fails to act on the motion within the required time. All claims must be proved by clear and convincing evidence that the claimant is entitled to the relief sought. Proof that the court has jurisdiction over the matter is sufficient.
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