Can I hire an attorney?
In Texas, small claims parties generally represent themselves without an attorney. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. You are not required to have an attorney, but you are allowed one. (Government Code 28.003). Small Claims actions are heard in 1 courthouses throughout Roberts County.
Roberts County Court Clerk
The clerk at the courthouse can be an excellent resource for your 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. 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.
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.
The justice of the peace for Roberts County presides over small claims court actions for Roberts County.
Small Claims Court Jurisdiction
You cannot demand or ask for more than $10,000 in a small claims court case. (Government Code 28.093). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of money). The court has no authority to issue an injunctive or equitable award. Say your landscaper breaks a sprinkler head. You can ask the court for money to replace the sprinkler head, but you cannot ask the court for an order requiring the landscaper to physically replace the sprinkler head. This type of relief would be injunctive relief.
Types of Cases
A variety of cases are handled 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.
Where do I file my small claims court case?
The action is generally filed in the County and Precinct where the defendants reside (where they live) or where location where the Defendants contracted themselves to perform. (Texas Government Code Section 28.011).
What is the trial like?
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. 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.
Roberts County Court Locations
The precinct map for Roberts County can be found here.
Countywide Courthouse in the City of Miami
This courthouse is located at:P O Box 315 Miami, TX 79059-0315