Can I file my small claims case in Carson County?
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).
Can I 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 because cases involving $10,000 or less usually do not justify the cost of an attorney. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Who is the judge in a Small Claims Court case?
The justice of the peace for Carson County presides over small claims court actions for Carson County.
Carson County Court Clerk
The clerk is often the first person small claims court litigants interact with in their case. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Types of Small Claims Cases
Small claims courts handle a wide variety of cases. This could be an action to get your security deposit back, or an action to recover money for damage done to your vehicle after a car accident. 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. Carson County Small Claims Court cases are heard in 2 courthouses in Carson County.
What is the trial like?
The trial is relatively informal compared to a normal trial. 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. A small claims court trial is much quicker, often lasting between 15-20 minutes. However, if a party wishes for a jury trial, it will likely last a few hours.
Can I appeal my case?
Yes, but only if the amount in controversy is in excess of $250.
Can I file my case in small claims court?
You cannot demand or ask for more than $10,000 in a small claims court case. (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.
Carson County Court Locations
Precinct 1 Place 1 Courthouse in the City of Groom
This courthouse is located at:P O Box 399 Groom, TX 79039
Precinct 2 Place 1 Courthouse in the City of Panhandle
This courthouse is located at:P O Box 453 Panhandle, TX 79068