Can I file my small claims case in Floyd 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).
Do I need A Lawyer?
You are allowed to hire an attorney (Texas Government Code Section 28.003), however, most small claims court parties choose to represent themselves. 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).
Types of Small Claims Cases
Most cases for the recovery of money can be heard in small claims court. From a security deposit on a rental to a motor vehicle accident. The only types of cases that are prohibited are an assignment of a claim (whereby you transfer your interest in a case for someone else to collect), a divorce, or a case filed by a collection agency or agents.
What can I expect at trial?
Small claims court trials are very informal compared to a regular civil 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. 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.
Limit (or Jurisdiction) of Small Claims Court
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of 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. You could only ask the court for an award of money. Small Claims actions are heard in 2 courthouses 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. 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.
A Justice of the Peace for Floyd County hears small claims court cases for Floyd County.
Are Appeals Allowed?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Floyd County Court Locations
The precinct map for Floyd County can be found here.
Precincts 1 & 4 Courthouse in the City of Floydada
This courthouse is located at:114 W Virginia Floydada, TX 79235-2717
This courthouse handles cases for Precincts 1 & 4. The phone number for the court is (806)983-4911. And you can email the court by clicking here.
Precincts 2 & 3 Courthouse in the City of Lockney
This courthouse is located at:P O Box 302 Lockney, TX 79241
This courthouse handles cases for Precincts 2 & 3. The phone number for the court is (806)652-3622. And you can email the court by clicking here.