Small Claims Court Clerk
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. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Small Claims Court Case Types
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.
Are Appeals Allowed?
Appeals are allowed if the amount of the award exceeds $250.00. Small Claims actions are heard in 4 courthouses throughout Angelina County.
What can I expect at trial?
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. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. A small claims court trial is much quicker, often lasting between 15-20 minutes. However, if a party wishes for a jury trial, it will likely last a few hours.
Do I need A Lawyer?
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 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.
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). 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, 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.
Where do I file my small claims court case?
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).
Who is the judge in a Small Claims Court case?
A Justice of the Peace for Angelina County hears small claims court cases for Angelina County.
Angelina County Court Locations
Precinct 1 Place 1 Courthouse in the City of Lufkin
This courthouse is located at:P O Box 43 Lufkin, TX 75901-0043
Precinct 2 Place 1 Courthouse in the City of Lufkin
This courthouse is located at:P O Box 150423 Lufkin, TX 75915-0423
Precinct 3 Place 1 Courthouse in the City of Huntington
This courthouse is located at:P O Box 311 Huntington, TX 75949
Precinct 4 Place 1 Courthouse in the City of Diboll
This courthouse is located at:211 N Temple Dr Diboll, TX 75941-1701