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. This is largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. However, you are allowed to retain one if you choose.
What is the trial like?
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. It will likely be pretty quick. If a jury trial is required, the trial could last a few hours.
Are Appeals Allowed?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Types of Cases
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.
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).
Limit (or Jurisdiction) of Small Claims Court
You cannot demand or ask for more than $10,000 in a small claims court case. (Government Code 28.093). Small claims parties can only recover money. You cannot seek injunctive 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. Small Claims Court cases for Potter are heard in 4 LOCATIONS throughout Potter County.
Judges for Small Claims Court Cases in Potter County
A Justice of the Peace for Potter County hears small claims court cases for Potter County.
Potter County Court Clerk
We recommend contacting the Potter County court clerk before proceeding down to the courthouse to file your action. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
Potter County Court Locations
Precinct 1 Courthouse in the City of Amarillo
This courthouse is located at:900 S Polk, Ste 418 Amarillo, TX 79101-3412
Precinct 2 Courthouse in the City of Amarillo
This courthouse is located at:500 S Fillmore St, Ste 502 Amarillo, TX 79101-2437
Precinct 3 Courthouse in the City of Amarillo
This courthouse is located at:P O Box 50487 Amarillo, TX 79159-0487
Precinct 4 Courthouse in the City of Amarillo
This courthouse is located at:500 S Fillmore St, Ste 302A Amarillo, TX 79101-2437