Small Claims Court Jurisdiction
You cannot demand or ask for more than $10,000 in a small claims court case. (Government Code 28.093). Small claims parties can only recover money. The court has no authority to issue an injunctive or equitable award. 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. This type of relief would be injunctive relief.
Are there appeals in small claims court?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Where do I file my small claims court case?
In order to follow correct procedure, a small claims case needs to be filed in the proper county and precinct. In Texas, the action is filed in the County and Precinct where the defendants reside or where a contract was to be performed. (Government Code Section 28.011).
Do I need A Lawyer?
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.
What is the trial like?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. This allows the trials to be conducted in a much more informal fashion. 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 Clerk
We recommend contacting the Anderson County court clerk before proceeding down to the courthouse to file your action. 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. Anderson County Small Claims Court cases are heard in 4 courthouses in Anderson County.
Types of Small Claims Cases
A variety of cases are handled in small claims court. Cases include damages from an automobile accident, a security deposit from a landlord, or breach of a contract. 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.
Who is the judge in a Small Claims Court case?
Small claims cases in Anderson County are heard in front of the justice of the peace for Anderson County.
Anderson County Court Locations
The precinct map for Anderson County can be found here.
Precinct 1 Place 1 Courthouse in the City of Elkhart
This courthouse is located at:P O Box 348 Elkhart, TX 75839
Precinct 2 Place 1 Courthouse in the City of Palestine
This courthouse is located at:703 N Mallard St, #107 Palestine, TX 75801
Precinct 3 Place 1 Courthouse in the City of Palestine
This courthouse is located at:500 N Church St, Ste 8 Palestine, TX 75801
Precinct 4 Place 1 Courthouse in the City of Palestine
This courthouse is located at:703 N Mallard St, #106 Palestine, TX 75801