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. 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.
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). Additionally, a small claims court plaintiff can only ask the court for monetary relief. You are unable to seek injunctive or equitable 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 there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250.
What is the trial like?
The trial is relatively informal compared to a normal trial. 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. A small claims court trial is much quicker, often lasting between 15-20 minutes. If a jury trial is required, the trial could last a few hours.
Clerk’s Role in Small Claims Court Actions
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. Also, while the clerk can answer questions about procedures, the clerk cannot 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).
Who is the judge in a Small Claims Court case?
Small claims cases in Yoakum County are heard in front of the justice of the peace for Yoakum County.
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. However, you are allowed to retain one if you choose. Small Claims actions are heard in 2 courthouses throughout Yoakum County.
Yoakum County Court Locations
Precinct 1 Place 1 Courthouse in the City of Plains
This courthouse is located at:P O Box 532 Plains, TX 79355-0532
This courthouse handles cases for Precinct 1 Place 1. The court’s website can be found here. The phone number for the court is (806)456-7491 – ext. 2 .
Precinct 2 Place 1 Courthouse in the City of Denver City
This courthouse is located at:201 N Main St Denver City, TX 79323-3239