- 01Every field on the petition — caption, Statement of Facts, Attachments, index, Certificate of Service, fee, and signature — must be complete before the clerk will accept the case.
- 02Number Attachments consecutively and list them on an index page; a missing number triggers an automatic return.
- 03Sign the original petition in ink and attach either the filing fee or a sworn inability affidavit; electronic signatures are not accepted.
Start with the Petition Caption
Maria Lopez walked into the Harris County Justice Court with a stack of printed texts and a Venmo screenshot, hoping the judge would see the $3,200 she never got back. The clerk handed her a petition packet and pointed out the exact fields the court expects before the case even gets a Cause No. The caption must list the court name, county, precinct, the Plaintiff’s full name and street address, and the Defendant’s full name and street address. Missing any of those lines means the clerk cannot issue service of process and the filing will be rejected. Rules change, so always verify the current caption requirements on the court’s website.
Statement of Facts: What to Include
The Statement of Facts is the narrative that tells the judge what happened, why the money is owed, and what relief you seek. Write it in numbered paragraphs, each covering a single event or agreement. Attach the relevant contract pages, lease clauses, or invoice details directly after the narrative. Do not add legal conclusions; stick to dates, amounts, and actions you can prove. The court reads this section first to decide whether the claim falls within the $20,000 limit.
Attachments and the Index Page
Every document you rely on becomes an Attachment numbered continuously from 1. An index page must list each Attachment by number and name so the clerk can confirm nothing is missing. If the index skips a number or the pages are out of order, the packet is returned. Include copies of the written lease, email threads, screenshots of payment apps, and any demand letters you sent. The court’s current instructions control the exact format, so check the latest filing guide before you assemble the packet.
Certificate of Service: Proving Delivery
A Certificate of Service is required for every document filed after the original petition. It must state the date, method (personal delivery, certified mail, or constable), and the name of the person who received the copy. Without this certificate the court will not consider the filing complete. Keep a copy of the signed certificate for your own records in case the other side disputes service of process.
Filing Fee or Inability Affidavit
The filing fee is set by the court and varies by county; check the current schedule before you go. If you cannot afford the fee, complete a Statement of Inability to Afford Payment of Court Costs and file it with the petition. The clerk will review the affidavit and may waive the fee. Do not leave the fee line blank, or the petition will be struck.
Signature Block and Ink Requirement
The petition must be signed in ink on the signature line, with your printed name, address, and telephone number beneath it. An unsigned pleading is struck automatically. Use a blue or black pen; electronic signatures are not accepted for the initial filing. This rule is strict because the signature verifies the truth of the Statement of Facts under penalty of perjury.
Checklist: Before You Hand the Packet to the Clerk
- Confirm the caption includes court name, county, precinct, Plaintiff and Defendant addresses.
- Number every paragraph in the Statement of Facts.
- Attach all supporting documents and number them 1, 2, 3… without gaps.
- Create an index page that matches each Attachment number to its title.
- Fill out a Certificate of Service for any document filed after the petition.
- Pay the filing fee or attach a completed inability affidavit.
- Sign the petition in ink and add printed contact information.
- Make one copy for each Defendant and one for the court file.
Quick Reference Table of Required Documents
| Document | Purpose | Where It Goes |
|---|---|---|
| Petition (original) | Starts the case | Filed with clerk |
| Petition copies | Serves each Defendant | Delivered per service of process |
| Statement of Facts | Narrative of claim | Inside petition |
| Attachments (numbered) | Evidence supporting claim | After Statement of Facts |
| Index page | Lists every Attachment | Immediately after Attachments |
| Certificate of Service | Proves delivery | With each post‑petition filing |
| Filing fee or inability affidavit | Pays court costs | Submitted with petition |
| Signed signature block | Verifies truthfulness | Bottom of petition |
For a step‑by‑step walkthrough, use the guided preparation flow. If you need a printable version of the checklist, see the short procedural guides. To avoid common filing mistakes, review the article on common filing mistakes. Real‑world examples like an eBay refund case or a freelance invoice dispute show how the same fields apply across different disputes.
Check the filing format before you file
See what the court in your region asks for, and what a prepared package contains.
Common questions
What happens if I forget the Certificate of Service?
The court will not treat the filing as complete and will return the packet. You must add a Certificate of Service that states the date, method, and recipient of delivery for each document filed after the petition.
Can I file the petition without a filing fee?
Yes, if you cannot afford the fee you may submit a Statement of Inability to Afford Payment of Court Costs. The clerk reviews the affidavit and may waive the fee, but the form must be filed with the original petition.
Do I need to attach the entire contract or just the relevant pages?
Attach only the pages you are relying on for the claim. The court expects a copy of the specific lease clauses, invoice terms, or agreement sections that support the amount you are seeking.
What if my Attachments are out of order?
The index page must match the Attachment numbers exactly. If the numbers are out of sequence or the index does not list every Attachment, the clerk will return the packet for correction.
Official sources
General information about court filing formalities. Not legal advice, and no attorney-client relationship is created. Filing rules change; check the court's current published instructions before you file.