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. This is largely because the amount at issue in the case is not large enough to justify the hiring 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 Menard County presides over small claims court actions for Menard County.
Small Claims Court Case Types
Most cases for the recovery of money can be heard in small claims court. From a security deposit on a rental to a motor vehicle accident. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
Are there appeals in small claims court?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
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.
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 cannot seek injunctive 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.
Can I file my small claims case in Menard County?
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). Menard County Small Claims Court cases are heard in 1 courthouses in Menard County.
How are trials conducted?
The trial is relatively informal compared to a normal trial. 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. However, if a party wishes for a jury trial, it will likely last a few hours.
Menard County Court Locations
The precinct map for Menard County can be found here.
Countywide Courthouse in the City of Menard
This courthouse is located at:P O Box 1095 Menard, TX 76859-1095