Do I need to 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 Cases
Most cases for the recovery of money can be heard 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.
Judges for Small Claims Court Cases in Grayson County
The justice of the peace for Grayson County presides over small claims court actions for Grayson County.
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).
Grayson County Court Clerk
The clerk at the courthouse can be an excellent resource for your case. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
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). 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. 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. Small Claims Court cases for Grayson are heard in 4 LOCATIONS throughout Grayson County.
Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
How are trials conducted?
Small claims court trials are very informal compared to a regular civil trial. 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. Trials generally are pretty short (15-20 minutes). However, if a party wishes for a jury trial, it will likely last a few hours.
Grayson County Court Locations
Precinct 1 Courthouse in the City of Sherman
This courthouse is located at:
Precinct 2 Courthouse in the City of Denison
This courthouse is located at:101 W Woodard Denison, TX 75021-3064
Precinct 3 Courthouse in the City of Whitesboro
This courthouse is located at:509 N Union Whitesboro, TX 76273-1321
Precinct 4 Courthouse in the City of Van Alstyne
This courthouse is located at:P O Box 1964 Van Alstyne, TX 75495-1964