Are Appeals Allowed?
Appeals are allowed if the amount of the award exceeds $250.00. Small Claims actions are heard in 2 courthouses throughout Somervell County.
Types of Cases
A variety of cases are handled in small claims court. Cases include damages from an automobile accident, a security deposit from a landlord, or breach of a contract. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
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. 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. The reasoning behind this is because the amount is $10,000 or less, hiring an attorney becomes cost prohibitive. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Judge
A Justice of the Peace for Somervell County hears small claims court cases for Somervell 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. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Somervell 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.
Can I file my small claims case in Somervell County?
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).
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. The court has no authority to issue an injunctive or equitable award. 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 would be called injunctive relief.
Somervell County Court Locations
Precinct 1 Place 1 Courthouse in the City of Glen Rose
This courthouse is located at:
P O Box 237 Glen Rose, TX 76043-0237This courthouse handles cases for Precinct 1 Place 1. The court’s website can be found here. The phone number for the court is (254)897-2120. And you can email the court by clicking here.
Precinct 2 Place 1 Courthouse in the City of Glen Rose
This courthouse is located at:
P O Box 237 Glen Rose, TX 76043-0237This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (254)897-2120. And you can email the court by clicking here.