Who is the judge in a Small Claims Court case?
Small claims cases in Throckmorton County are heard in front of the justice of the peace for Throckmorton County.
Small Claims Court Jurisdiction
A plaintiff cannot demand more than $10,000 in their action. (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 type of relief would be injunctive relief.
Are Appeals Allowed?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
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. However, you are allowed to retain one if you choose.
How are trials conducted?
The trial is relatively informal compared to a normal trial. There are no rules of evidence. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the 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.
Types of Small Claims Cases
Small claims courts handle a wide variety of cases. From a security deposit on a rental to a motor vehicle accident. 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.
Small Claims Court Venue
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).
Clerk’s Role in Small Claims Court Actions
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. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice. Small Claims actions are heard in 1 courthouses throughout Throckmorton County.
Throckmorton County Court Locations
Countywide Courthouse in the City of Throckmorton
This courthouse is located at:P O Box 721 Throckmorton, TX 76483-5917
This courthouse handles cases for Countywide. The phone number for the court is (940)849-8830. And you can email the court by clicking here.