Can I hire an attorney?
In Texas, small claims parties generally 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).
Limit (or Jurisdiction) of Small Claims Court
A plaintiff cannot demand more than $10,000 in their action. (Texas 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. 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 type of relief would be injunctive relief. Small Claims actions are heard in 3 courthouses throughout Eastland County.
Small Claims Court Clerk
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 Eastland 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
A variety of cases are handled in small claims court. From a security deposit on a rental to a motor vehicle accident. 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.
Are there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250.
Small claims cases in Eastland County are heard in front of the justice of the peace for Eastland County.
Where do I file my small claims court case?
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).
How are trials conducted?
The trial is relatively informal compared to a normal trial. This allows the trials to be conducted in a much more informal fashion. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. It will likely be pretty quick. If a jury trial is required, the trial could last a few hours.
Eastland County Court Locations
The precinct map for Eastland County can be found here.
Precinct 1 Courthouse in the City of Eastland
This courthouse is located at:100 W Main, Bsmt 2 Eastland, TX 76448-0702
Precinct 2 Courthouse in the City of Eastland
This courthouse is located at:100 W Main, Bsmt 2 Eastland, TX 76448
Precinct 4 Courthouse in the City of Eastland
This courthouse is located at:100 W Main, Bsmt 2 Eastland, TX 76448-2751