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?
Yes, but only if the amount in controversy is in excess of $250.
Small Claims Court Clerk
We recommend contacting the Maverick County court clerk before proceeding down to the courthouse to file your action. 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. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
How are trials conducted?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. 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. Trials generally are pretty short (15-20 minutes). A jury trial will likely last longer, probably a few hours.
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. The court has no authority to issue an injunctive or equitable award. 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.
Types of Small Claims Cases
Small claims courts handle a wide variety of cases. 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.
Where do I file my small claims court case?
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).
Judges for Small Claims Court Cases in Maverick County
Small claims cases in Maverick County are heard in front of the justice of the peace for Maverick County. Small Claims Court cases for Maverick are heard in 5 LOCATIONS throughout Maverick County.
Maverick County Court Locations
The precinct map for Maverick County can be found here.
Precinct 1 Place 1 Courthouse in the City of Eagle Pass
This courthouse is located at:744 S Bibb Eagle Pass, TX 78852
Precinct 2 Place 1 Courthouse in the City of Eagle Pass
This courthouse is located at:P O Box 7010 Eagle Pass, TX 78852
Precinct 3 Place 1 Courthouse in the City of Eagle Pass
This courthouse is located at:465 Quarry St Eagle Pass, TX 78852
This courthouse handles cases for Precinct 3 Place 1. The court’s website can be found here. The phone number for the court is (830)757-2710.
Precinct 3 Place 2 Courthouse in the City of Quemado
This courthouse is located at:P O Box 174 Quemado, TX 78877
Precinct 4 Place 1 Courthouse in the City of Eagle Pass
This courthouse is located at:206 Converse Eagle Pass, TX 78852