Do I need A Lawyer?
You are allowed to hire an attorney (Texas Government Code Section 28.003), however, most small claims court parties choose to represent themselves. 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. Hardeman County Small Claims Court cases are heard in 1 courthouses in Hardeman County.
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). Small claims parties can only recover money. You cannot seek injunctive relief. 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 would be called injunctive relief.
Who is the judge in a Small Claims Court case?
Small claims cases in Hardeman County are heard in front of the justice of the peace for Hardeman County.
What is the trial like?
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. 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.
Where do I file my small claims court case?
In order to follow correct procedure, a small claims case needs to be filed in the proper county and precinct. In Texas, the action is filed in the County and Precinct where the defendants reside or where a contract was to be performed. (Government Code Section 28.011).
Types of Small Claims 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. 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.
Small Claims Court Clerk
We recommend contacting the Hardeman County court clerk before proceeding down to the courthouse to file your action. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Hardeman 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.
Can I appeal my case?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Hardeman County Court Locations
The precinct map for Hardeman County can be found here.
Countywide Courthouse in the City of Quanah
This courthouse is located at:P O Box 607 Quanah, TX 79252-0607
This courthouse handles cases for Countywide. The phone number for the court is (940)663-5932. And you can email the court by clicking here.