Can I file my small claims case in Hardin County?
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).
Are there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250.
Clerk’s Role in Small Claims Court Actions
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. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
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. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
The justice of the peace for Hardin County presides over small claims court actions for Hardin County.
What can I expect at trial?
Small claims court trials are very informal compared to a regular civil trial. There are no rules of evidence. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the 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.
Limit (or Jurisdiction) of Small Claims Court
You cannot demand or ask for more than $10,000 in a small claims court case. (Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. 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.
Do I need to hire an Attorney?
Small claims court litigants in Texas normally represent themselves without an attorney. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. You are not required to have an attorney, but you are allowed one. (Government Code 28.003). Hardin County Small Claims Court cases are heard in 6 courthouses in Hardin County.
Hardin County Court Locations
Precinct 1 Place 1 Courthouse in the City of Silsbee
This courthouse is located at:1102 N 5th St Silsbee, TX 77656
Precinct 2 Place 1 Courthouse in the City of Silsbee
This courthouse is located at:P O Box 1612 Silsbee, TX 77656
Precinct 3 Place 1 Courthouse in the City of Kountze
This courthouse is located at:P O Box 1360 Kountze, TX 77625
Precinct 4 Place 1 Courthouse in the City of Sour Lake
This courthouse is located at:P O Box 2014 Sour Lake, TX 77659
Precinct 5 Place 1 Courthouse in the City of Lumberton
This courthouse is located at:160 E Chance Lumberton, TX 77657
This courthouse handles cases for Precinct 5 Place 1. The court’s website can be found here. The phone number for the court is (409)755-2862.
Precinct 6 Place 1 Courthouse in the City of Batson
This courthouse is located at:P O Box 503 Batson, TX 77519-0503