Small Claims Court Case Types
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. 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.
What can I expect at trial?
Small claims court trials are very informal compared to a regular civil trial. 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. Trials generally are pretty short (15-20 minutes). If a jury trial is required, the trial could last a few hours.
Where do I file my small claims court case?
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 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 cannot seek injunctive relief. For example, you could sue a dry cleaner for ruining your clothes and ask for money to replace the clothes, but you cannot ask the judge for an order for the dry cleaner to repair your clothes. You could only ask the court for an award of money.
Are Appeals Allowed?
Yes, but only if the amount in controversy is in excess of $250.
Do I need A Lawyer?
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. However, you are allowed to retain one if you choose. Randall County Small Claims Court cases are heard in 2 courthouses in Randall County.
Small claims cases in Randall County are heard in front of the justice of the peace for Randall County.
Clerk’s Role in Small Claims Court Actions
The clerk is often the first person small claims court litigants interact with in their case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Randall 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.
Randall County Court Locations
Precinct 1 Place 1 Courthouse in the City of Canyon
This courthouse is located at:501 16th St, Ste 307 Canyon, TX 79015
Precinct 4 Place 1 Courthouse in the City of Amarillo
This courthouse is located at:4111 S Georgia, Ste 100 Amarillo, TX 79110-1123