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). Small claims parties can only recover 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 Lamb are heard in 4 LOCATIONS throughout Lamb County.
Are Appeals Allowed?
Appeals are allowed if the amount of the award exceeds $250.00.
How are trials conducted?
The trial is relatively informal compared to a normal trial. There are no rules of evidence. 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. A small claims court trial is much quicker, often lasting between 15-20 minutes. However, if a party wishes for a jury trial, it will likely last a few hours.
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. The reasoning behind this is because the amount is $10,000 or less, hiring an attorney becomes cost prohibitive. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Who is the judge in a Small Claims Court case?
A Justice of the Peace for Lamb County hears small claims court cases for Lamb County.
Small Claims Court Case Types
Most cases for the recovery of money can be heard 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.
Small Claims Court Venue
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).
Lamb County Court Clerk
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. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Lamb County Court Locations
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