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 cannot seek injunctive relief. 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 would be called injunctive relief.
Can I file my small claims case in Throckmorton County?
You should file your action in the County and specific Precinct where the defendants reside or where the defendant has contracted to perform. (Government Code Section 28.011).
What can I expect at trial?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. There are no rules of evidence. 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. If a jury trial is required, the trial could last a few hours.
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
Judges for Small Claims Court Cases in Throckmorton County
A Justice of the Peace for Throckmorton County hears small claims court cases for Throckmorton 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. 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. Throckmorton County Small Claims Court cases are heard in 1 courthouses in Throckmorton County.
Clerk’s Role in Small Claims Court Actions
We recommend contacting the Throckmorton County court clerk before proceeding down to the courthouse to file your action. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. 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.
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.
Throckmorton County Court Locations
The precinct map for Throckmorton County can be found here.
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.