Can I appeal my case?
Yes, but only if the amount in controversy is in excess of $250.
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). Small claims parties can only recover money. The court has no authority to issue an injunctive or equitable award. 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 type of relief would be injunctive relief.
Do I need to hire an Attorney?
In Texas, small claims parties generally represent themselves without an attorney. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
What can I expect at trial?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. Additionally, the judge is allowed to ask questions of the parties and witnesses, and generally takes a more proactive role in determining the facts of a case. Trials generally are pretty short (15-20 minutes). If a jury trial is required, the trial could last a few hours.
Types of Cases
Most cases for the recovery of money can be heard in small claims court. From a security deposit on a rental to a motor vehicle 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.
Clerk’s Role in Small Claims Court Actions
The clerk is often the first person small claims court litigants interact with in their 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.
Small Claims Court Venue
You should file your action in the County and specific Precinct where the defendants reside or where the defendant has contracted to perform. (Government Code Section 28.011). Small Claims actions are heard in 1 courthouses throughout Childress County.
Small claims cases in Childress County are heard in front of the justice of the peace for Childress County.
Childress County Court Locations
Countywide Courthouse in the City of Childress
This courthouse is located at:100 Ave E NW, Box 6 Childress, TX 79201
This courthouse handles cases for Countywide. The phone number for the court is (940)937-6145. And you can email the court by clicking here.