Who is the judge in a Small Claims Court case?
Small claims cases in Comanche County are heard in front of the justice of the peace for Comanche County. Small Claims Court cases for Comanche are heard in 1 LOCATIONS throughout Comanche County.
Limit (or Jurisdiction) of 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). 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. This would be called injunctive relief.
What can I expect at trial?
Small claims court trials are very informal compared to a regular civil trial. There are no rules of evidence. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. A small claims court trial is much quicker, often lasting between 15-20 minutes. If a jury trial is required, the trial could last a few hours.
Small Claims Court Clerk
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 Comanche 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.
Small Claims Court Case Types
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. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
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. 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 Comanche County?
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).
Comanche County Court Locations
The precinct map for Comanche County can be found here.
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.