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. 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. Fannin County Small Claims Court cases are heard in 3 courthouses in Fannin County.
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. 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.
What can I expect at trial?
The trial is relatively informal compared to a normal trial. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. It will likely be pretty quick. If a jury trial is required, the trial could last a few hours.
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 are unable to seek injunctive or equitable relief. 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 type of relief would be injunctive relief.
Are Appeals Allowed?
Appeals are allowed if the amount of the award exceeds $250.00.
Small Claims Court Venue
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 Fannin County hears small claims court cases for Fannin County.
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 largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Fannin County Court Locations
Precinct 1 Place 1 Courthouse in the City of Bonham
This courthouse is located at:210 S Main St Bonham, TX 75418-4850
Precinct 2 Place 1 Courthouse in the City of Leonard
This courthouse is located at:P O Box 1163 Leonard, TX 75452-1163
Precinct 3 Place 1 Courthouse in the City of Honey Grove
This courthouse is located at:P O Box 86 Honey Grove, TX 75446-0086