Do I need to hire an Attorney?
In Texas, small claims parties generally represent themselves without an attorney. 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 file my small claims case in Palo Pinto County?
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).
Types of Cases
A variety of cases are handled 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. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
What can I expect at trial?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. This allows the trials to be conducted in a much more informal fashion. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. It will likely be pretty quick. If a jury trial is required, the trial could last a few hours.
Clerk’s Role in Small Claims Court Actions
The clerk at the courthouse can be an excellent resource for your 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.
Can I file my case in small claims court?
The plaintiff’s demand for money cannot exceed $10,000. (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. This type of relief would be injunctive relief.
Are there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250.
The justice of the peace for Palo Pinto County presides over small claims court actions for Palo Pinto County. Palo Pinto County Small Claims Court cases are heard in 5 courthouses in Palo Pinto County.
Palo Pinto County Court Locations
The precinct map for Palo Pinto County can be found here.
Precinct 1 Place 1 Courthouse in the City of Palo Pinto
This courthouse is located at:P O Box 129 Palo Pinto, TX 76484-0129
Precinct 2 Place 1 Courthouse in the City of Graford
This courthouse is located at:P O Box 183 Graford, TX 76449
Precinct 3 Place 1 Courthouse in the City of Graford
This courthouse is located at:328 FM 2353 N, Unit 2 Graford, TX 76449-3106
Precinct 4 Place 1 Courthouse in the City of Strawn
This courthouse is located at:P O Box 367 Strawn, TX 76475-0367
This courthouse handles cases for Precinct 4 Place 1. The court’s website can be found here. The phone number for the court is (254)672-5381.
Precinct 5 Place 1 Courthouse in the City of Mineral Wells
This courthouse is located at:109 North Oak Mineral Wells, TX 76067