Are Appeals Allowed?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
El Paso County Court Clerk
We recommend contacting the El Paso County court clerk before proceeding down to the courthouse to file your action. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for El Paso County. We recommend calling the clerk’s office to ensure the courthouse is open. 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 El Paso County?
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).
Small Claims Court Jurisdiction
The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. 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. You could only ask the court for an award of money.
The justice of the peace for El Paso County presides over small claims court actions for El Paso County.
Types of Cases
Small claims courts handle a wide variety of cases. Cases include damages from an automobile accident, a security deposit from a landlord, or breach of a contract. 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 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).
What is the trial like?
Small claims court trials are very informal compared to a regular civil trial. 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. If a jury trial is required, the trial could last a few hours. Small Claims actions are heard in 8 courthouses throughout El Paso County.
El Paso County Court Locations
The precinct map for El Paso County can be found here.
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:1840 Lee Trevino, Ste 109 El Paso, TX 79936-4119
Precinct 5 Place 1 Courthouse in the City of El Paso
This courthouse is located at:9521 Socorro Rd, Ste A El Paso, TX 79927
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
Precinct 7 Place 1 Courthouse in the City of Canutillo
This courthouse is located at:P O Box 1936 Canutillo, TX 79835