Can I file my case in small claims court?
The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of 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. This would be called injunctive relief.
Judges for Small Claims Court Cases in Upton County
A Justice of the Peace for Upton County hears small claims court cases for Upton County.
What is the trial like?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. There are no rules of evidence. 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). A jury trial will likely last longer, probably a few hours.
Types of Cases
Most cases for the recovery of money can be heard in small claims court. 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.
Small Claims Court Clerk
The clerk is often the first person small claims court litigants interact with in their 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. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice. Upton County Small Claims Court cases are heard in 4 courthouses in Upton County.
Where do I file my small claims court case?
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).
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. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Are Appeals Allowed?
Appeals are allowed if the amount of the award exceeds $250.00.
Upton County Court Locations
Precinct 1 Place 1 Courthouse in the City of Rankin
This courthouse is located at:P O Box 232 Rankin, TX 79778
This courthouse handles cases for Precinct 1 Place 1. The court’s website can be found here. The phone number for the court is (432)693-2473.
Precinct 2 Place 1 Courthouse in the City of Rankin
This courthouse is located at:P O Box 255 Rankin, TX 79778
This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (432)693-2919.
Precinct 3 Place 1 Courthouse in the City of McCamey
This courthouse is located at:P O Box 634 McCamey, TX 79752
Precinct 4 Place 1 Courthouse in the City of McCamey
This courthouse is located at:P O Box 967 McCamey, TX 79752
This courthouse handles cases for Precinct 4 Place 1. The court’s website can be found here. The phone number for the court is (432)652-3536.