Limit (or Jurisdiction) of Small Claims Court
The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of money). You cannot seek injunctive 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. You could only ask the court for an award of money. Small Claims actions are heard in 1 courthouses throughout Crosby County.
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. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. Trials generally are pretty short (15-20 minutes). If a jury trial is required, the trial could last a few hours.
Crosby County Court Clerk
We recommend contacting the Crosby County court clerk before proceeding down to the courthouse to file your action. 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. 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.
Can I file my small claims case in Crosby 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).
Small Claims Court Case Types
A variety of cases are handled in small claims court. 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.
Are Appeals Allowed?
Appeals are allowed if the amount of the award exceeds $250.00.
Can I hire an attorney?
In Texas, small claims parties generally represent themselves without an attorney. This is largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Who is the judge in a Small Claims Court case?
The justice of the peace for Crosby County presides over small claims court actions for Crosby County.
Crosby County Court Locations
Precinct 1 Place 1 Courthouse in the City of Crosbyton
This courthouse is located at:201 W Aspen, Ste 400 Crosbyton, TX 79322-0400