Can I file my case in 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. You are unable to seek injunctive or equitable 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 would be called injunctive relief.
Can I file my small claims case in Falls 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).
Types of Cases
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. 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.
What is the trial like?
The trial is relatively informal compared to a normal 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. Trials generally are pretty short (15-20 minutes). If a jury trial is required, the trial could last a few hours.
Judges for Small Claims Court Cases in Falls County
Small claims cases in Falls County are heard in front of the justice of the peace for Falls County.
Clerk’s Role in Small Claims Court Actions
The clerk at the courthouse can be an excellent resource for your case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Falls 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.
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. You are not required to have an attorney, but you are allowed one. (Government Code 28.003). Small Claims Court cases for Falls are heard in 4 LOCATIONS throughout Falls County.
Are there appeals in small claims court?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Falls County Court Locations
The precinct map for Falls County can be found here.
Precinct 1 Place 1 Courthouse in the City of Marlin
This courthouse is located at:P O Box 835 Marlin, TX 76661-0835
This courthouse handles cases for Precinct 1 Place 1. The phone number for the court is (254)883-1427. And you can email the court by clicking here.
Precinct 2 Place 1 Courthouse in the City of Marlin
This courthouse is located at:P O Box 834 Marlin, TX 76661-0834
This courthouse handles cases for Precinct 2 Place 1. The phone number for the court is (254)883-1428.
Precinct 3 Place 1 Courthouse in the City of Rosebud
This courthouse is located at:P O Box 748 Rosebud, TX 76570
This courthouse handles cases for Precinct 3 Place 1. The phone number for the court is (254)583-7506. And you can email the court by clicking here.
Precinct 4 Place 1 Courthouse in the City of Chilton
This courthouse is located at:P O Box 52 Chilton, TX 76632-0052
This courthouse handles cases for Precinct 4 Place 1. The phone number for the court is (254)546-3700. And you can email the court by clicking here.