Small Claims Court Case Types
Most cases for the recovery of money can be heard 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. Harrison County Small Claims Court cases are heard in 4 courthouses in Harrison County.
Limit (or Jurisdiction) of Small Claims Court
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. You are unable to seek injunctive or equitable relief. For example, you could sue a dry cleaner for ruining your clothes and ask for money to replace the clothes, but you cannot ask the judge for an order for the dry cleaner to repair your clothes. You could only ask the court for an award of money.
Do I need A Lawyer?
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.
What is the trial like?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. 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. It will likely be pretty quick. A jury trial will likely last longer, probably a few hours.
The justice of the peace for Harrison County presides over small claims court actions for Harrison County.
Are there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250.
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.
Can I file my small claims case in Harrison 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).
Harrison County Court Locations
The precinct map for Harrison County can be found here.
Precinct 1 Courthouse in the City of Waskom
This courthouse is located at:P O Box 150 Waskom, TX 75692-0150
This courthouse handles cases for Precinct 1. The court’s website can be found here. The phone number for the court is (903)687-2370.
Precinct 2 Courthouse in the City of Marshall
This courthouse is located at:200 W Houston, Ste 251 Marshall, TX 75670
Precinct 3 Courthouse in the City of Hallsville
This courthouse is located at:P O Box 394 Hallsville, TX 75650
Precinct 4 Place 1 Courthouse in the City of Marshall
This courthouse is located at:200 W Houston, Ste 125 Marshall, TX 75670
This courthouse handles cases for Precinct 4 Place 1. The court’s website can be found here. The phone number for the court is (903)923-4011.