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, 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 type of relief would be injunctive relief.
Can I 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. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
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. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. It will likely be pretty quick. However, if a party wishes for a jury trial, it will likely last a few hours. Small Claims Court cases for Mitchell are heard in 2 LOCATIONS throughout Mitchell County.
Clerk’s Role in Small Claims Court Actions
The clerk at the courthouse can be an excellent resource for your case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Mitchell County. We recommend calling the clerk’s office to ensure the courthouse is open. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
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).
Judges for Small Claims Court Cases in Mitchell County
A Justice of the Peace for Mitchell County hears small claims court cases for Mitchell County.
Are Appeals Allowed?
Yes, but only if the amount in controversy is in excess of $250.
Types of Small Claims Cases
A variety of cases are handled in small claims court. 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.
Mitchell County Court Locations
Precincts 1 & 4 Place 1 Courthouse in the City of Colorado City
This courthouse is located at:349 Oak St, Rm 100 Colorado City, TX 79512-6225
Precincts 2 & 3 Place 1 Courthouse in the City of Colorado City
This courthouse is located at:349 Oak St, Rm 101 Colorado City, TX 79512