Where do I file my small claims court case?
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 actions are heard in 1 courthouses throughout Glasscock County.
How are trials conducted?
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. It will likely be pretty quick. If a jury trial is required, the trial could last a few hours.
Judges for Small Claims Court Cases in Glasscock County
Small claims cases in Glasscock County are heard in front of the justice of the peace for Glasscock County.
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.
Are Appeals Allowed?
Appeals are allowed if the amount of the award exceeds $250.00.
Limit (or Jurisdiction) of 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. The court has no authority to issue an injunctive or equitable award. For example, if you pay a painter $1,000 to paint your house and the painter does not even begin, you cannot ask the court to issue an order for the painter to paint your house. This type of relief would be injunctive relief.
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 Glasscock County. We recommend calling the clerk’s office to ensure the courthouse is open. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
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. However, you are allowed to retain one if you choose.
Glasscock County Court Locations
The precinct map for Glasscock County can be found here.
Countywide Courthouse in the City of Garden City
This courthouse is located at:P O Box 91 Garden City, TX 79739-0091