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Texas Small Claims Court is subject to automatic stay

Texas Small Claims Court

The primary purpose of Texas Small Claims Courts is to allow state residents an impartial judge to supervise resolution of claims. Be aware, a judgment of a Texas Small Claims Court is binding and creates liability which must be disclosed when filing bankruptcy. If a case is pending when filing bankruptcy, the automatic stay provided by the Bankruptcy Code prohibits judges presiding over small claims from taking further action.

Appealing Texas Small Claims Court Judgments

Any party may appeal the final judgment of a Texas Small Claims Court if the amount of the judgment exceeds $20. A party has 10 calendar days (not business days) from the date of judgment to file an appeal. The appeal must be filed in County Court. The presiding judge may require supersedeas bond to secure performance if the appeal is denied.

Records of legal proceedings in Texas are available online through a wide assortment of sources. the most comprehensive sources (and easy to use) generally require the payment of a subscription fee to maintain an account. But not all. Many larger counties provide free Texas Court Records, dockets, filing information, pending hearings, and much more. Texas Bankruptcy Records are available through the PACER system and require a nominal fee for access to the Federal database. In addition, many other public documents (real estate, marriage, corporate, name change, assumed names, etc.) are available through the County Clerk's Office.

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