Can I file my small claims case in Cass County?
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).
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). Small Claims actions are heard in 4 courthouses throughout Cass County.
Clerk’s Role in Small Claims Court Actions
We recommend contacting the Cass 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. While the clerk can help you with procedural issues, the clerk is not able to give legal advice. They will direct you to an attorney if answering your question would require that.
Small Claims Court Jurisdiction
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). The court has no authority to issue an injunctive or equitable award. 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.
Small Claims Court Case Types
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.
Who is the judge in a Small Claims Court case?
A Justice of the Peace for Cass County hears small claims court cases for Cass County.
What is the trial like?
The trial is relatively informal compared to a normal trial. There are no rules of evidence. 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. 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.
Are Appeals Allowed?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Cass County Court Locations
Precinct 1 Place 1 Courthouse in the City of Linden
This courthouse is located at:P O Box 341 Linden, TX 75563-0341
Precinct 2 Place 1 Courthouse in the City of Hughes Springs
This courthouse is located at:P O Box 485 Hughes Springs, TX 75656-0485
This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (903)639-7268.
Precinct 3 Place 1 Courthouse in the City of Queen City
This courthouse is located at:P O Box 334 Queen City, TX 75572-0301
Precinct 4 Place 1 Courthouse in the City of Atlanta
This courthouse is located at:P O Box 35 Atlanta, TX 75551-0035