Can I file my case in small claims court?
The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. 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. This would be called injunctive relief.
Are there appeals in small claims court?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Can I file my small claims case in Comanche County?
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).
Judges for Small Claims Court Cases in Comanche County
Small claims cases in Comanche County are heard in front of the justice of the peace for Comanche County.
Small Claims Court Case Types
Small claims courts handle a wide variety of cases. 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. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
What can I expect at trial?
The trial is relatively informal compared to a normal trial. There are no rules of evidence. 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.
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 knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Comanche 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. Comanche County Small Claims Court cases are heard in 1 courthouses in Comanche County.
Do I need to 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. 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.
Comanche County Court Locations
Countywide Courthouse in the City of Comanche
This courthouse is located at:101 W Central Comanche, TX 76442-3297
This courthouse handles cases for Countywide. The phone number for the court is (325)356-3543. And you can email the court by clicking here.