Clerk’s Role in Small Claims Court Actions
The clerk at the courthouse can be an excellent resource for your 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. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
Small Claims Court Venue
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).
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). 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, if you pay a painter $1,000 to paint your house and the painter does not even begin, you cannot ask the court to issue an order for the painter to paint your house. You could only ask the court for an award of money.
Judges for Small Claims Court Cases in Anderson County
A Justice of the Peace for Anderson County hears small claims court cases for Anderson County.
Are Appeals Allowed?
Appeals are allowed if the amount of the award exceeds $250.00.
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. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
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. 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. Small Claims Court cases for Anderson are heard in 4 LOCATIONS throughout Anderson County.
How are trials conducted?
Small claims court trials are very informal compared to a regular civil trial. There are no rules of evidence. 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. If a jury trial is required, the trial could last a few hours.
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