Can I file my small claims case in Tom Green 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).
Small Claims Court Clerk
We recommend contacting the Tom Green County court clerk before proceeding down to the courthouse to file your action. 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. 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 case in small claims court?
The plaintiff’s demand for money cannot exceed $10,000. (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.
Do I need to 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 largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003). Tom Green County Small Claims Court cases are heard in 4 courthouses in Tom Green County.
What is the trial like?
Small claims court trials are very informal compared to a regular civil trial. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. It will likely be pretty quick. A jury trial will likely last longer, probably a few hours.
Types of 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.
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
Judges for Small Claims Court Cases in Tom Green County
The justice of the peace for Tom Green County presides over small claims court actions for Tom Green County.
Tom Green County Court Locations
The precinct map for Tom Green County can be found here.
Precinct 1 Place 1 Courthouse in the City of San Angelo
This courthouse is located at:122 W Harris, Rm 8 San Angelo, TX 76903-5839
Precinct 2 Place 1 Courthouse in the City of San Angelo
This courthouse is located at:5006 Knickerbocker Rd San Angelo, TX 76904-7519
Precinct 3 Place 1 Courthouse in the City of San Angelo
This courthouse is located at:3052 N Bryant San Angelo, TX 76903-2345
Precinct 4 Place 1 Courthouse in the City of San Angelo
This courthouse is located at:124 W Beauregard San Angelo, TX 76903-5835