Small Claims Court Case Types
Small claims courts handle a wide variety of cases. 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.
Do I need to hire an Attorney?
Small claims court litigants in Texas normally represent themselves without an attorney. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. You are not required to have an attorney, but you are allowed one. (Government Code 28.003). Small Claims actions are heard in 1 courthouses throughout Concho 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). 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 would be called injunctive relief.
Who is the judge in a Small Claims Court case?
Small claims cases in Concho County are heard in front of the justice of the peace for Concho County.
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 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. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
What is the trial like?
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. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. A small claims court trial is much quicker, often lasting between 15-20 minutes. However, if a party wishes for a jury trial, it will likely last a few hours.
Where do I file my small claims court case?
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).
Are Appeals Allowed?
Yes, but only if the amount in controversy is in excess of $250.
Concho County Court Locations
The precinct map for Concho County can be found here.
Countywide Courthouse in the City of Paint Rock
This courthouse is located at:P O Box 44 Paint Rock, TX 76866-0044