Amarillo, TX asked in Small Claims for Texas

Q: Are cause of action elements required to be proven in small claims courts in Texas?

I have a friend who was sued in small claims court by a debt buyer for "account stated" cause of action. I helped him with his defense and he required the debt buyer to prove the four elements needed to show "account stated" cause of action. But the judge totally ignored the demand that the debt buyer proves any of the elements needed for that cause of action and found my friend guilty solely on the debt buyer's affidavit stating the amount of the debt and that it was due and owing by the defendant.

Are the rules in small claims court so relaxed that elements of a cause of action are not required to prove a claim?

Related Topics:
1 Lawyer Answer

A: A Texas attorney could advise best, but your question remains open for two weeks. You are correct; a plaintiff must establish the elements of their cause of action in any forum, whether supreme court or small claims. It's difficult to say exactly what happened without seeing your file, but the judge could have deemed the debt to be presumed from the predecessor creditor's efforts. Another thing to consider is that in a busy small claims court, judges often need to move cases along quickly, and they might not have time to have litigants categorically establish each and every element of a cause of action the way one might see in a court of unlimited jurisdiction. Good luck

Tim Akpinar

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.