Where do I file my small claims court case?
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 file my case in small claims court?
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Small claims parties can only recover 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. This would be called injunctive relief.
What can I expect at trial?
The trial is relatively informal compared to a normal trial. This allows the trials to be conducted in a much more informal fashion. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. A small claims court trial is much quicker, often lasting between 15-20 minutes. A jury trial will likely last longer, probably a few hours. Small Claims Court cases for Cass are heard in 4 LOCATIONS throughout Cass County.
Can I hire an attorney?
In Texas, small claims parties generally represent themselves without an attorney. The reasoning behind this is because the amount is $10,000 or less, hiring an attorney becomes cost prohibitive. However, you are allowed to retain one if you choose.
Types of Small Claims 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.
Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
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. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
A Justice of the Peace for Cass County hears small claims court cases for Cass County.
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