Are there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250.
What is the trial like?
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. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. It will likely be pretty quick. If a jury trial is required, the trial could last a few hours.
Do I need to hire an Attorney?
Small claims court litigants in Texas normally represent themselves without an attorney. This is largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. However, you are allowed to retain one if you choose.
Small Claims Court Venue
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).
Types of Small Claims Cases
Most cases for the recovery of money can be heard in small claims court. This could be an action to get your security deposit back, or an action to recover money for damage done to your vehicle after a car accident. However, small claims court cannot handle assignments of claims (where one person transfers their interest in an action to another), a divorce proceedings, and cases filed by collection agencies or agents. Small Claims Court cases for Callahan are heard in 3 LOCATIONS throughout Callahan County.
Can I file my case in small claims court?
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of money). You are unable to seek injunctive or equitable relief. For example, you could sue a dry cleaner for ruining your clothes and ask for money to replace the clothes, but you cannot ask the judge for an order for the dry cleaner to repair your clothes. You could only ask the court for an award of money.
Small claims cases in Callahan County are heard in front of the justice of the peace for Callahan County.
Callahan County Court Clerk
The clerk at the courthouse can be an excellent resource for your 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. 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.
Callahan County Court Locations
Precinct 1 Place 1 Courthouse in the City of Clyde
This courthouse is located at:P O Box 86 Clyde, TX 79510-0086
Precinct 3 Place 1 Courthouse in the City of Baird
This courthouse is located at:100 W 4th St, Ste 209 Baird, TX 79504-5323
Precinct 4 Place 1 Courthouse in the City of Cross Plains
This courthouse is located at:P O Box 273 Cross Plains, TX 76443-0273