Are there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250.
Can I file my case in 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). You are unable to seek injunctive or equitable relief. 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. You could only ask the court for an award of money. Small Claims Court cases for Jim Wells are heard in 5 LOCATIONS throughout Jim Wells County.
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).
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?
The justice of the peace for Jim Wells County presides over small claims court actions for Jim Wells 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 an excellent resource for the procedure for small claims court cases in Texas but also any procedures specific to that County or courthouse. It is recommended that you contact the clerk’s office to ensure the courthouse is open during the hours you want to visit. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Types of 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.
How are trials conducted?
The trial is relatively informal compared to a normal trial. 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. However, if a party wishes for a jury trial, it will likely last a few hours.
Jim Wells County Court Locations
Precinct 1 Place 1 Courthouse in the City of Alice
This courthouse is located at:
Precinct 3 Place 1 Courthouse in the City of Sandia
This courthouse is located at:P O Box 150 Sandia, TX 78383
Precinct 4 Place 1 Courthouse in the City of Premont
This courthouse is located at:Drawer H Premont, TX 78375
Precinct 5 Place 1 Courthouse in the City of Orange Grove
This courthouse is located at:P O Box 331 Orange Grove, TX 78372
This courthouse handles cases for Precinct 5 Place 1. The court’s website can be found here. The phone number for the court is (361)384-2486.
Precinct 6 Place 1 Courthouse in the City of Ben Bolt
This courthouse is located at:P O Box 647 Ben Bolt, TX 78342