Small Claims Court Case Types
Most cases for the recovery of money can be heard 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.
What can I expect at trial?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. This allows the trials to be conducted in a much more informal fashion. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. It will likely be pretty quick. If a jury trial is required, the trial could last a few hours.
Small Claims Court Jurisdiction
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. You cannot seek injunctive relief. 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 type of relief would be injunctive relief.
Can I file my small claims case in El Paso 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 cases for El Paso are heard in 8 LOCATIONS throughout El Paso County.
Can I appeal my case?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Do I need A Lawyer?
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. However, you are allowed to retain one if you choose.
El Paso County Court Clerk
The clerk at the courthouse can be an excellent resource for your case. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
Who is the judge in a Small Claims Court case?
A Justice of the Peace for El Paso County hears small claims court cases for El Paso County.
El Paso County Court Locations
Precinct 1 Place 1 Courthouse in the City of El Paso
This courthouse is located at:424 Executive Ctr Blvd, #100 El Paso, TX 79902-1041
Precinct 2 Place 1 Courthouse in the City of El Paso
This courthouse is located at:4641 Cohen, Ste A El Paso, TX 79924
Precinct 3 Place 1 Courthouse in the City of El Paso
This courthouse is located at:500 E San Antonio, #308 El Paso, TX 79901-2492
This courthouse handles cases for Precinct 3 Place 1. The court’s website can be found here. The phone number for the court is (915)546-2170.
Precinct 4 Place 1 Courthouse in the City of El Paso
This courthouse is located at:2350 George Dieter, Ste A El Paso, TX 79936
Precinct 5 Place 1 Courthouse in the City of El Paso
This courthouse is located at:9521 Socorro Rd, B2 El Paso, TX 79927-2555
Precinct 6 Place 1 Courthouse in the City of Clint
This courthouse is located at:190 N San Elizario Rd Clint, TX 79836-0597
Precinct 6 Place 2 Courthouse in the City of El Paso
This courthouse is located at:14608 Greg Dr El Paso, TX 79938-7349
This courthouse handles cases for Precinct 6 Place 2. The court’s website can be found here. The phone number for the court is (915)855-3062.
Precinct 7 Place 1 Courthouse in the City of Vinton
This courthouse is located at:435 Vinton Rd, Ste C Vinton, TX 79821