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. Additionally, the judge is allowed to ask questions of the parties and witnesses, and generally takes a more proactive role in determining the facts of a case. A small claims court trial is much quicker, often lasting between 15-20 minutes. However, if a party wishes for a jury trial, it will likely last a few hours.
Who is the judge in a Small Claims Court case?
The justice of the peace for Fisher County presides over small claims court actions for Fisher County. Fisher County Small Claims Court cases are heard in 2 courthouses in Fisher County.
Small Claims Court Venue
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).
Do I need to hire an Attorney?
Small claims court litigants in Texas normally represent themselves without an attorney. The reasoning behind this is because the amount is $10,000 or less, hiring an attorney becomes cost prohibitive. However, you are allowed to retain one if you choose.
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). 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.
Types of Small Claims Cases
A variety of cases are handled in small claims court. Cases include damages from an automobile accident, a security deposit from a landlord, or breach of a contract. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
Are Appeals Allowed?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Fisher County Court Clerk
We recommend contacting the Fisher County court clerk before proceeding down to the courthouse to file your action. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Fisher County Court Locations
The precinct map for Fisher County can be found here.
Precinct 1 Place 1 Courthouse in the City of Roby
This courthouse is located at:P O Box 367 Roby, TX 79543-0367
This courthouse handles cases for Precinct 1 Place 1. The court’s website can be found here. The phone number for the court is (325)776-2482.
Precinct 3 Place 1 Courthouse in the City of Rotan
This courthouse is located at:P O Box 416 Rotan, TX 79546-0416
This courthouse handles cases for Precinct 3 Place 1. The court’s website can be found here. The phone number for the court is (325)735-2170.