Limit (or Jurisdiction) of Small Claims Court
You cannot demand or ask for more than $10,000 in a small claims court case. (Government Code 28.093). Small claims parties can only recover money. You cannot seek injunctive relief. Say your landscaper breaks a sprinkler head. You can ask the court for money to replace the sprinkler head, but you cannot ask the court for an order requiring the landscaper to physically replace the sprinkler head. You could only ask the court for an award of money.
Where do I file my small claims court case?
The action is generally filed in the County and Precinct where the defendants reside (where they live) or where location where the Defendants contracted themselves to perform. (Texas Government Code Section 28.011).
Are there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250. Small Claims actions are heard in 2 courthouses throughout Aransas County.
Types of Cases
Most cases for the recovery of money can be heard in small claims court. Cases include damages from an automobile accident, a security deposit from a landlord, or breach of a contract. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
Do I need to hire an Attorney?
Small claims court litigants in Texas normally represent themselves without an attorney. The reasoning behind this is because the amount is $10,000 or less, hiring an attorney becomes cost prohibitive. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Who is the judge in a Small Claims Court case?
Small claims cases in Aransas County are heard in front of the justice of the peace for Aransas County.
Clerk’s Role in Small Claims Court Actions
The clerk at the courthouse can be an excellent resource for your case. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
What can I expect at trial?
Small claims court trials are very informal compared to a regular civil trial. This allows the trials to be conducted in a much more informal fashion. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. Trials generally are pretty short (15-20 minutes). However, if a party wishes for a jury trial, it will likely last a few hours.
Aransas County Court Locations
Precinct 1 Courthouse in the City of Rockport
This courthouse is located at:2840 Hwy 35 N, Rm 125 Rockport, TX 78382-2744
Precinct 2 Courthouse in the City of Rockport
This courthouse is located at:2840 Hwy 35 N, Rm 121 Rockport, TX 78382-2744