Texas Small Claims Misconduct

Summary

Arturo from Texas felt his small claims case was mishandled. He was denied compensation for medical bills and pain and suffering after an assault. His motion for summary judgment was seemingly ignored by the judge. He also felt the judge dismissed his witness without reason and did not allow him to present video evidence. He is now researching possible violations committed by the judge.

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just went to small claims in texas. Justice Judge stated Texas small claims does not hear or award pain and suffering and as part of a case..I was suing for medical bills as well.
What was the nature of the incident that led to your medical bills and claim for pain and suffering?
I was a victim of an assault.
Did you report the assault to the police and do you have any documentation of your injuries and medical expenses?
yes
What was the outcome of the small claims court hearing?
I lost.
What was the reason given by the judge for not awarding you the medical bills and pain and suffering?
none. he just said I get nothing and the other party had an attorney and he had to pay his own fees.
Did the judge provide a written judgment or explanation for his decision?
he gave a judgement but no reason
Did you request a written explanation for the judgment from the judge or court clerk?
no.. we were kicked out immediatley.
Did you have legal representation during the small claims court hearing?
no.. Pro Se
What was the total amount you were suing for in the small claims court?
*.*. *.oo for pain and suffering and *.* for mental anguish. 14k for medical bills
Did you consider appealing the decision? In Texas, you have 21 days from the judgment date to file an appeal.
its not wha im asking yout
I apologize for the confusion. Could you please clarify what specific information you are seeking?
The judge stated that Small Claims Court does not hear or decide on pain and suffering and or mental anguish....is he correct or not.
Yes, the judge is correct. In Texas, Small Claims Court typically only awards actual damages, such as medical bills, not pain and suffering or mental anguish.
ok. thank you...
In Texas, Small Claims Court:

- Only awards actual damages, not pain and suffering or mental anguish.
- Maximum claim limit is $*,*.
- Appeals can be made within 21 days of judgment.

For more info, contact your local court.
wrong,, texas limit is now 20k in small claims court. update your info...
Apologies for the outdated information. In Texas, the maximum limit for small claims court is indeed $*,* as of September *, *. Thank you for pointing it out.
Thanks again...I do have one more question.
Of course, Arturo. What's your next question?
they claimed that I was not entitled award because my injuries and bill was a result of the assault but the defense claimed I had broken the law, (committed assault and disturbing the peace) therefore the assault was justified. No evidence of either crime, never charged, never arrested...is this correct..I understand if I had been charged but just on opinion defense is enough?
Did the judge consider the defense's claim in his judgment? In Texas, a claim of self-defense could potentially justify an assault, but it typically requires evidence.
I guess not, the assailant even admitted I was sitting *-* feet away from him and he walked to me, but he claims he was in imminent and immediate danger....
Did the judge provide any indication that he considered the defendant's claim of self-defense as a valid reason for the assault?
no.. he didnt say anything, hes a truck driver part time...not criticizing him but hes not an attorney, he just got more votes.
Did you have any witnesses or evidence to counter the defendant's claim of self-defense?
oh yes. I subpoenaed the Police Department and video footage of the assault , the judge dismissed my witness without my asking..
Why did the judge dismiss your witness? In Texas, judges have discretion to determine the relevance and reliability of evidence and witnesses.
I do not know...I paid *.* for it and * dollars extra cash.
What was the reason given by the judge for dismissing your witness?
none.. he just stated, we wont need the witnesses and I guess they were let go.. I was inside they were outside.
Did you have a chance to present the video footage in court?
no..the witness had it.
Did the judge give a reason for not allowing the video footage to be presented in court?
I couldn't request it, he dismissed them and they left...
Did you consider filing a complaint against the judge for possible misconduct or bias?
I am doing research to see what violations he may have committed, he also failed to hear a MOTION FOR SUMMARY JUDGEMENT I submitted about a month and a half ago....he said, the court date is already set.
Did you file your Motion for Summary Judgment according to the rules of the court?
I asked what I needed and filed it , did not include the SET FOR HEARING OR ORDER, they have been doing all that..
Did you receive any confirmation or receipt when you filed your Motion for Summary Judgment?
I did not, I emailed them and the I repeatedly stated to the clerk that it was not up to him to hear it or not that it was procedure required, she said he said, the court date is already set.
Did you receive any written communication from the court regarding the dismissal of your Motion for Summary Judgment?
None...I just have the emails between me and the clerks and them saying his responses..
What was the content of the emails between you and the clerks regarding your Motion for Summary Judgment?
I submitted my Motion for summary judgement to the court and opposing counsel.. on the 18 day I received response from opposing counsel and again emailed court to set a date. they didnt act on it. opposing counsel also sent there respsone to the court.
Did you receive any response from the court or opposing counsel regarding your request to set a date for the hearing of your Motion for Summary Judgment?
No.. None.
Did you follow up with the court after not receiving a response to your request to set a hearing date for your Motion for Summary Judgment?
Yes.
What was the court's response when you followed up about not receiving a hearing date for your Motion for Summary Judgment?
They said the Court is already set for final hearing on October *.
What actions have you taken since the final hearing on October 5th?
it was yesterday, I am seeing any possible violations were committed
What specific violations are you suspecting the judge may have committed?
failure to address my motion and not explaining the verdict...
What was the exact content of your Motion for Summary Judgment?
its like tow pages long and I dont know it verbatim
Could you provide a brief summary of the main points in your Motion for Summary Judgment?
it was Motion for Summary Judgement no Evidence. the defendant had claimed he did not assault me and that his assault was legal. but had no evidence to provide during discovery...none.denied all interrogatories..
Did you follow the Texas Rules of Civil Procedure when filing your Motion for Summary Judgment?
yes
What was the response of the opposing counsel to your Motion for Summary Judgment?
denial of everything....
What evidence did the opposing counsel provide to support their denial in response to your Motion for Summary Judgment?
non evidence
What was the judge's response to the opposing counsel's denial of your Motion for Summary Judgment without providing any evidence?
just a claim that he didnt do it.
What evidence did you provide to support your Motion for Summary Judgment?
I have no idea, he never answered my summary judgement
Did you provide any evidence, such as medical records or police reports, when you filed your Motion for Summary Judgment?
yes...medical bills, and defense claims they were not certified,,,,I dont know what that means...
What do you mean by "defense claims they were not certified"? Are you referring to your medical bills or something else?
he read some rule of the rules of procedure that the bills had to be cerrtified...the judge fell for it...
What rule did the defense refer to regarding the certification of medical bills?
I do not know. I did not writ it down either...
What was the total amount of your medical bills?
like *.*
What steps did you take to certify your medical bills before presenting them in court?
what do you mean .. they were bills from the hospital , how is one to certify them
In Texas, to certify medical bills, you need an affidavit from the healthcare provider stating that the services were necessary and the charges are reasonable. Did you provide such an affidavit?
no
Did you know that in Texas, medical bills need to be certified with an affidavit from the healthcare provider stating that the services were necessary and the charges are reasonable?
no
Did the defense or the judge inform you about the requirement of an affidavit for certifying medical bills during the court proceedings?
I learned from listening to the defense.
Did the defense provide any evidence to support their claim that your medical bills were not certified?
no
What was the judge's response when the defense claimed that your medical bills were not certified?
so , answer the question, is the court any court required to hear a motion for summary judgement.
In Texas, a court is not required to hear a motion for summary judgment if it is not properly filed or served. However, if it is properly filed and served, the court should consider it.
well, I also read that if the motion is not properly filed the court has to reject it. mine never was....
Did you receive any written communication from the court rejecting your motion for summary judgment?
no.
Did you receive any written communication from the court acknowledging the receipt of your Motion for Summary Judgment?
we already discussed this.....thank you and goodbye
I understand. If you have any more questions in the future, feel free to reach out. Good luck with your case.