Small Claims actions are heard in 4 courthouses throughout Cass County.
Judges for Small Claims Court Cases in Cass County
A Justice of the Peace for Cass County hears small claims court cases for Cass County.
How are trials conducted?
The trial is relatively informal compared to a normal 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.
Small Claims Court Venue
You should file your action in the County and specific Precinct where the defendants reside or where the defendant has contracted to perform. (Government Code Section 28.011).
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
Small Claims Court Jurisdiction
The plaintiff’s demand for money cannot exceed $10,000. (Texas 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, 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. This type of relief would be injunctive relief.
Cass 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 Cass County. We recommend calling the clerk’s office to ensure the courthouse is open. 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.
Do I need to hire an Attorney?
Small claims court litigants in Texas normally 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. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Small Claims Court Case Types
Small claims courts handle a wide variety of cases. From a security deposit on a rental to a motor vehicle accident. 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.
Cass County Court Locations
The precinct map for Cass County can be found here.
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