Small Claims actions are heard in 1 courthouses throughout Swisher County.
Can I file my case in small claims court?
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Small claims parties can only recover money. You are unable to seek injunctive or equitable 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. You could only ask the court for an award of money.
Do I need to hire an Attorney?
Small claims court litigants in Texas normally represent themselves without an attorney. 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.
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. 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. A small claims court trial is much quicker, often lasting between 15-20 minutes. A jury trial will likely last longer, probably a few hours.
Who is the judge in a Small Claims Court case?
The justice of the peace for Swisher County presides over small claims court actions for Swisher County.
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.
Small Claims Court Case Types
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. The only types of cases that are prohibited are an assignment of a claim (whereby you transfer your interest in a case for someone else to collect), a divorce, or a case filed by a collection agency or agents.
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).
Small Claims Court Clerk
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 Swisher County. We recommend calling the clerk’s office to ensure the courthouse is open. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
Swisher County Court Locations
Countywide Courthouse in the City of Tulia
This courthouse is located at:310 W Broadway Tulia, TX 79088-2245