FORNEY, TX — It often begins with a knock at the door or a certified letter in the mail. For many residents in Forney, receiving a notice that they are being sued in a Justice of the Peace (JP) Court can be a moment of high stress. Whether the issue involves a security deposit, a minor traffic accident, or an unpaid invoice, the realm of "Small Claims" can feel daunting when financial stakes are involved.
To assist residents in navigating these legal waters, InForney spoke with Scott Gray, a founding partner at Guest & Gray and a lifelong member of the Kaufman County legal community. With decades of experience in civil litigation, Gray provides essential insights for those who find themselves facing a Kaufman County judge.
What is JP Court?
In Texas, Justice of the Peace courts are responsible for handling "Small Claims" cases where the amount in dispute is $20,000 or less. "The rules of evidence and procedure are streamlined compared to District Court," Gray explains. "This setup is designed so that everyday citizens can represent themselves, although having legal representation often makes a significant difference in the outcome."
When does a case end up here?
Common types of cases found in JP Court in Forney and Kaufman County include:
Debt Claims: Unpaid credit card bills or medical expenses.
Landlord/Tenant Disputes: Issues regarding security deposit returns or evictions.
Property Damage: Minor car accidents or disputes with neighbors over property boundaries.
Breach of Contract: Situations where a contractor has not completed a job or a buyer has failed to pay.
I’ve Been Sued In JP Court. What’s Step One?
"The biggest mistake people make is doing nothing," warns Gray. "If you ignore the lawsuit, the plaintiff wins by default, which is known as a Default Judgment. Once this judgment is signed, they can begin to pursue your assets."
The 14-Day Rule
Once you are officially served with a citation, the clock starts ticking. In Texas JP Courts, you generally have 14 days to file a written "Answer" with the court.
Scott’s Tip: "Your answer doesn't have to be a legal masterpiece. A simple 'General Denial' is often sufficient to prevent a default judgment and indicate to the court, 'I dispute these claims and I want my day in court.'
Preparing for Your Day in Court
If a settlement cannot be reached, your case will ultimately go to trial. Gray emphasizes that thorough preparation is crucial.
1. Gather Your "Paper Trail"
Evidence is paramount in Small Claims cases. You should compile the following:
Receipts and invoices related to the dispute.
Text messages or emails pertinent to the situation.
Photographs of any property damage.
Contracts or written agreements involved in the case.
2. Know Your Court
Kaufman County has several JP precincts. If you reside in Forney, you are likely under Precinct 2, presided over by Judge Amy Tarno.
"Each judge has their own approach to running their courtroom," Gray observes. "Being respectful, organized, and punctual can greatly influence how the court staff and the judge perceive you."
The Verdict: Do You Need an Attorney?
While you can represent yourself in JP Court, Gray cautions that the stakes may be higher than they seem.
"If the outcome is important to you, it's wise to consult an experienced local attorney. Even a $5,000 case can have lasting consequences, affecting your credit score and remaining on your record for years," Gray advises. "An attorney can help identify defenses you may not realize you have—such as the Statute of Limitations or procedural missteps made by the plaintiff."
Quick Guide: If You Are Sued
Step Action Why?
1 Check the Date: You typically have 14 days to respond.
2 File an Answer: This prevents an automatic loss (Default Judgment).
3 Request Discovery: Ask for the evidence the other side has against you.
4 Consult Counsel: A brief consultation with a lawyer can save you significant costs in the long run.
Learn More: Local Resources and Pro Se Guides
If you are managing a case on your own (pro se), utilize these official resources to ensure compliance with Texas procedures.
Kaufman County Precinct 2 (Forney)
Judge: Amy Tarno
Address: 200 E. Main Street, Forney, TX 75126
Phone: 469-376-4600
Official Website: Kaufman County JP2 Information & Forms
Statewide Guides for Representing Yourself
Texas Justice Court Training Center (TJCTC): Provides Self-Represented Litigant Packets specifically for Small Claims and Debt Claims.
Texas Law Help: A comprehensive resource on how to sue in Small Claims court and defend yourself.
State Law Library: Offers a Small Claims Research Guide with links to crucial Texas laws.
