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). 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.
What can I expect at trial?
Small claims court trials are very informal compared to a regular civil trial. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. 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. It will likely be pretty quick. However, if a party wishes for a jury trial, it will likely last a few hours. Small Claims actions are heard in 4 courthouses throughout Anderson County.
Anderson County Court Clerk
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 Anderson 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.
Types of 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. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
Can I file my small claims case in Anderson County?
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).
A Justice of the Peace for Anderson County hears small claims court cases for Anderson County.
Do I need to hire an Attorney?
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. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Are Appeals Allowed?
Yes, but only if the amount in controversy is in excess of $250.
Anderson County Court Locations
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