What is the trial like?
Small claims court trials are very informal compared to a regular civil trial. There are no rules of evidence. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. A small claims court trial is much quicker, often lasting between 15-20 minutes. A jury trial will likely last longer, probably a few hours.
Small Claims Court Clerk
The clerk at the courthouse can be an excellent resource for your case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Archer County. We recommend calling the clerk’s office to ensure the courthouse is open. While the clerk can help you with procedural issues, the clerk is not able to give legal advice. They will direct you to an attorney if answering your question would require that.
Small claims cases in Archer County are heard in front of the justice of the peace for Archer County.
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
Can I file my small claims case in Archer County?
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).
Small Claims Court Case Types
A variety of cases are handled in small claims court. From a security deposit on a rental to a motor vehicle accident. The only types of cases that are prohibited are an assignment of a claim (whereby you transfer your interest in a case for someone else to collect), a divorce, or a case filed by a collection agency or agents. Small Claims Court cases for Archer are heard in 4 LOCATIONS throughout Archer County.
Limit (or Jurisdiction) of Small Claims Court
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. You cannot seek injunctive relief. For example, if you pay a painter $1,000 to paint your house and the painter does not even begin, you cannot ask the court to issue an order for the painter to paint your house. This would be called injunctive relief.
Can I 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. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Archer County Court Locations
Precinct 1 Place 1 Courthouse in the City of Archer City
This courthouse is located at:
Precinct 2 Place 1 Courthouse in the City of Holliday
This courthouse is located at:P O Box 973 Holliday, TX 76366-0973
Precinct 3 Place 1 Courthouse in the City of Megargel
This courthouse is located at:P O Box 162 Megargel, TX 76370-0162
Precinct 4 Place 1 Courthouse in the City of Scotland
This courthouse is located at:P O Box 24 Scotland, TX 76379-0024