Small Claims Court Jurisdiction
The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Small claims parties can only recover money. You are unable to seek injunctive or equitable 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 would be called injunctive relief.
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. However, you are allowed to retain one if you choose.
Clerk’s Role in Small Claims Court Actions
The clerk at the courthouse can be an excellent resource for your case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Stonewall County. We recommend calling the clerk’s office to ensure the courthouse is open. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Types of Small Claims Cases
Small claims courts handle a wide variety of cases. Cases include damages from an automobile accident, a security deposit from a landlord, or breach of a contract. However, small claims court cannot handle assignments of claims (where one person transfers their interest in an action to another), a divorce proceedings, and cases filed by collection agencies or agents.
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.
Judges for Small Claims Court Cases in Stonewall County
Small claims cases in Stonewall County are heard in front of the justice of the peace for Stonewall County.
What is the trial like?
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. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. Trials generally are pretty short (15-20 minutes). However, if a party wishes for a jury trial, it will likely last a few hours.
Can I file my small claims case in Stonewall County?
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). Small Claims actions are heard in 1 courthouses throughout Stonewall County.
Stonewall County Court Locations
The precinct map for Stonewall County can be found here.
Countywide Courthouse in the City of Aspermont
This courthouse is located at:P O Box 389 Aspermont, TX 79502
This courthouse handles cases for Countywide. The phone number for the court is (940)989-2213. And you can email the court by clicking here.