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. The court has no authority to issue an injunctive or equitable award. 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.
Clerk’s Role in Small Claims Court Actions
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 Collin County. We recommend calling the clerk’s office to ensure the courthouse is open. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
How are trials conducted?
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. 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. A jury trial will likely last longer, probably a few hours.
Do I need A Lawyer?
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 small claims case in Collin County?
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).
Types of Cases
A variety of cases are handled in small claims court. Cases include damages from an automobile accident, a security deposit from a landlord, or breach of a contract. 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 Collin are heard in 5 LOCATIONS throughout Collin County.
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
A Justice of the Peace for Collin County hears small claims court cases for Collin County.
Collin County Court Locations
Precinct 1 Courthouse in the City of McKinney
This courthouse is located at:
Precinct 2 Courthouse in the City of Farmersville
This courthouse is located at:P O Box 367 Farmersville, TX 75442
Precinct 3 Place 1 Courthouse in the City of Plano
This courthouse is located at:920 E Park Blvd, Ste 220 Plano, TX 75074
Precinct 3 Place 2 Courthouse in the City of Plano
This courthouse is located at:920 E Park Blvd, Ste 210 Plano, TX 75074-5462
Precinct 4 Courthouse in the City of Frisco
This courthouse is located at:8585 John Wesley Dr, Ste 130 Frisco, TX 75034