Small Claims Court Venue
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).
Small claims cases in Presidio County are heard in front of the justice of the peace for Presidio County.
What can I expect at trial?
Small claims court trials are very informal compared to a regular civil trial. This allows the trials to be conducted in a much more informal fashion. 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. It will likely be pretty quick. However, if a party wishes for a jury trial, it will likely last a few hours. Presidio County Small Claims Court cases are heard in 2 courthouses in Presidio County.
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 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).
Presidio County Court Clerk
We recommend contacting the Presidio County court clerk before proceeding down to the courthouse to file your action. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Presidio County. We recommend calling the clerk’s office to ensure the courthouse is open. While the clerk can help you with procedural issues, the clerk is not able to give legal advice. They will direct you to an attorney if answering your question would require that.
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). Additionally, a small claims court plaintiff can only ask the court for monetary relief. 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 would be called injunctive relief.
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.
Types of Cases
Small claims courts handle a wide variety of cases. 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.
Presidio County Court Locations
The precinct map for Presidio County can be found here.
Precinct 1 Place 1 Courthouse in the City of Marfa
This courthouse is located at:P O Box 481 Marfa, TX 79843
Precinct 2 Place 1 Courthouse in the City of Presidio
This courthouse is located at:P O Box 900 Presidio, TX 79845