Types of Cases
Small claims courts handle a wide variety of cases. 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.
How are trials conducted?
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). A jury trial will likely last longer, probably a few hours.
Judges for Small Claims Court Cases in Archer County
The justice of the peace for Archer County presides over small claims court actions for Archer County.
Small Claims Court Venue
In order to follow correct procedure, a small claims case needs to be filed in the proper county and precinct. In Texas, the action is filed in the County and Precinct where the defendants reside or where a contract was to be performed. (Government Code Section 28.011).
Clerk’s Role in Small Claims Court Actions
The clerk is often the first person small claims court litigants interact with in their case. The clerk is an excellent resource for the procedure for small claims court cases in Texas but also any procedures specific to that County or courthouse. It is recommended that you contact the clerk’s office to ensure the courthouse is open during the hours you want to visit. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
Can I appeal my case?
Yes, but only if the amount in controversy is in excess of $250.
Can I hire an attorney?
You are allowed to hire an attorney (Texas Government Code Section 28.003), however, most small claims court parties choose to represent themselves. The reasoning behind this is because the amount is $10,000 or less, hiring an attorney becomes cost prohibitive. However, you are allowed to retain one if you choose.
Can I file my case in small claims court?
You cannot demand or ask for more than $10,000 in a small claims court case. (Government Code 28.093). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of 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. This type of relief would be injunctive relief. Small Claims Court cases for Archer are heard in 4 LOCATIONS throughout Archer County.
Archer County Court Locations
The precinct map for Archer County can be found here.
Precinct 1 Place 1 Courthouse in the City of Archer City
This courthouse is located at:P O Box 715 Archer City, TX 76351-0715
Precinct 2 Place 1 Courthouse in the City of Holliday
This courthouse is located at:P O Box 973 Holliday, TX 76366
This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (940)586-0237.
Precinct 3 Place 1 Courthouse in the City of Megargel
This courthouse is located at:P O Box 158 Megargel, TX 76370-0158
Precinct 4 Place 1 Courthouse in the City of Scotland
This courthouse is located at:P O Box 24 Scotland, TX 76379