Small Claims Court cases for Floyd are heard in 2 LOCATIONS throughout Floyd County.
Clerk’s Role in Small Claims Court Actions
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 Floyd 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.
Types of Small Claims 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. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
Small Claims Court Venue
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).
What is the trial like?
The trial is relatively informal compared to a normal trial. There are no rules of evidence. 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). However, if a party wishes for a jury trial, it will likely last a few hours.
Small Claims Court Jurisdiction
The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Small claims parties can only recover money. The court has no authority to issue an injunctive or equitable award. For example, you could sue a dry cleaner for ruining your clothes and ask for money to replace the clothes, but you cannot ask the judge for an order for the dry cleaner to repair your clothes. This would be called injunctive relief.
Can I hire an attorney?
Small claims court litigants in Texas normally represent themselves without an attorney. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Who is the judge in a Small Claims Court case?
A Justice of the Peace for Floyd County hears small claims court cases for Floyd County.
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
Floyd County Court Locations
Precincts 1 & 4 Courthouse in the City of Floydada
This courthouse is located at:114 W Virginia Floydada, TX 79235-2717
Precincts 2 & 3 Courthouse in the City of Lockney
This courthouse is located at:P O Box 302 Lockney, TX 79241-0302