Types of Small Claims Cases
A variety of cases are handled in small claims court. From a security deposit on a rental to a motor vehicle 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.
Do I need to hire an Attorney?
In Texas, small claims parties generally represent themselves without an attorney. This is largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. However, you are allowed to retain one if you choose.
Small Claims Court Venue
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).
Judges for Small Claims Court Cases in Rockwall County
The justice of the peace for Rockwall County presides over small claims court actions for Rockwall County.
Can I file my case in small claims court?
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Small claims parties can only recover money. You are unable to seek injunctive or equitable 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. You could only ask the court for an award of money.
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 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.
Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00. Small Claims actions are heard in 4 courthouses throughout Rockwall County.
How are trials conducted?
The trial is relatively informal compared to a normal trial. This allows the trials to be conducted in a much more informal fashion. 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.
Rockwall County Court Locations
Precinct 1 Place 1 Courthouse in the City of Rockwall
This courthouse is located at:
Precinct 2 Place 1 Courthouse in the City of Rockwall
This courthouse is located at:1111 E Yellowjacket Ln, Ste 302 Rockwall, TX 75087
Precinct 3 Place 1 Courthouse in the City of Rockwall
This courthouse is located at:1111 E Yellowjacket Ln, Ste 303 Rockwall, TX 75087
This courthouse handles cases for Precinct 3 Place 1. The court’s website can be found here. The phone number for the court is (972)204-6720.
Precinct 4 Place 1 Courthouse in the City of Rockwall
This courthouse is located at:1111 E Yellowjacket Ln, Ste 304 Rockwall, TX 75087-4916