Can I hire an attorney?
You are allowed to hire an attorney (Texas Government Code Section 28.003), however, most small claims court parties choose to represent themselves. The reasoning behind this is because the amount is $10,000 or less, hiring an attorney becomes cost prohibitive. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
A Justice of the Peace for Hudspeth County hears small claims court cases for Hudspeth County.
Can I file my case in small claims court?
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. 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 type of relief would be injunctive relief.
Types of Small Claims Cases
A variety of cases are handled 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 can I expect at trial?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. It will likely be pretty quick. If a jury trial is required, the trial could last a few hours. Hudspeth County Small Claims Court cases are heard in 4 courthouses in Hudspeth County.
Hudspeth County Court Clerk
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 Hudspeth 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.
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).
Hudspeth County Court Locations
The precinct map for Hudspeth County can be found here.
Precinct 1 Place 1 Courthouse in the City of Sierra Blanca
This courthouse is located at:P O Box 40 Sierra Blanca, TX 79851-0040
This courthouse handles cases for Precinct 1 Place 1. The court’s website can be found here. The phone number for the court is (915)369-4141.
Precinct 2 Place 1 Courthouse in the City of Fort Hancock
This courthouse is located at:P O Box 88 Fort Hancock, TX 79839-0088
Precinct 3 Place 1 Courthouse in the City of El Paso
This courthouse is located at:19900 Hwy 62-180, RR 3 El Paso, TX 79938
This courthouse handles cases for Precinct 3 Place 1. The court’s website can be found here. The phone number for the court is (915)988-2457.
Precinct 4 Place 1 Courthouse in the City of Dell City
This courthouse is located at:P O Box 52 Dell City, TX 79837