What is the trial like?
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. 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.
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
Small Claims Court Venue
The action is generally filed in the County and Precinct where the defendants reside (where they live) or where location where the Defendants contracted themselves to perform. (Texas Government Code Section 28.011).
Types of Small Claims Cases
A variety of cases are handled in small claims court. From a security deposit on a rental to a motor vehicle 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.
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).
Small claims cases in Lamb County are heard in front of the justice of the peace for Lamb County. Lamb County Small Claims Court cases are heard in 4 courthouses in Lamb County.
Limit (or Jurisdiction) of Small Claims Court
The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. You are unable to seek injunctive or equitable relief. 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.
Lamb 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 Lamb County. We recommend calling the clerk’s office to ensure the courthouse is open. While the clerk can help you with procedural issues, the clerk is not able to give legal advice. They will direct you to an attorney if answering your question would require that.
Lamb County Court Locations
The precinct map for Lamb County can be found here.
Precinct 1 Place 1 Courthouse in the City of Olton
This courthouse is located at:P O Box 798 Olton, TX 79064-0798
Precinct 2 Place 1 Courthouse in the City of Earth
This courthouse is located at:P O Box 105 Earth, TX 79031
This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (806)257-2110.
Precinct 3 Place 1 Courthouse in the City of Littlefield
This courthouse is located at:100 6th Dr, Rm 108 Littlefield, TX 79339
Precinct 4 Place 1 Courthouse in the City of Sudan
This courthouse is located at:P O Box 300 Sudan, TX 79371