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. This type of relief would be injunctive relief.
What can I expect at trial?
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. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. Trials generally are pretty short (15-20 minutes). A jury trial will likely last longer, probably a few hours.
Do I need to 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).
Types of Cases
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. The only types of cases that are prohibited are an assignment of a claim (whereby you transfer your interest in a case for someone else to collect), a divorce, or a case filed by a collection agency or agents.
Small Claims Court Venue
You should file your action in the County and specific Precinct where the defendants reside or where the defendant has contracted to perform. (Government Code Section 28.011). Small Claims Court cases for Mitchell are heard in 2 LOCATIONS throughout Mitchell 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. 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.
Are Appeals Allowed?
Yes, but only if the amount in controversy is in excess of $250.
The justice of the peace for Mitchell County presides over small claims court actions for Mitchell County.
Mitchell County Court Locations
The precinct map for Mitchell County can be found here.
Precincts 1 & 4 Place 1 Courthouse in the City of Colorado City
This courthouse is located at:349 Oak St, Rm 100 Colorado City, TX 79512-6225
This courthouse handles cases for Precincts 1 & 4 Place 1. The phone number for the court is (325)728-8906. And you can email the court by clicking here.
Precincts 2 & 3 Place 1 Courthouse in the City of Colorado City
This courthouse is located at:349 Oak St, Rm 101 Colorado City, TX 79512
This courthouse handles cases for Precincts 2 & 3 Place 1. The phone number for the court is (325)728-5162. And you can email the court by clicking here.