Q: Can a judge in TX require a demand letter before hearing a small claims case?
I would like to bring a lawsuit in Brazoria County, TX. When I went to the courthouse to obtain the filing paperwork, I was provided with a document titled "Steps for Filing in Small Claims Court." The first step in this in-house document states: "The judge requires you, the Plaintiff, to notify the defendant of your suit prior to filing in the office. A short letter stating your reason and the amount will be sufficient. Send certified letter, return receipt requested. This is commonly referred to as a 'Demand Letter'. Our office has information on what a Demand letter is." My questions are: Can the judge order me to spend more money on sending a demand letter before he will hear my case? Is there any precedent on whether he can or can't do this?
A: A JP cannot enforce the requirement that you send a demand letter in "every" case; however, many types of cases routinely handled in JP court require pre-suit notice to the other party as a condition of obtaining relief. It may well be that, rather than parsing out which cases require such a notice from which cases don't, the JP is providing useful advice which, in any event, isn't harmful. I have observed pro se litigants in JP court lose their case simply because they did not send the required pre-suit notice.
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