Small Claims Court cases for Harrison are heard in 4 LOCATIONS throughout Harrison County.
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. 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.
What can I expect at trial?
Small claims court trials are very informal compared to a regular civil trial. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. 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. However, if a party wishes for a jury trial, it will likely last a few hours.
Can I hire an attorney?
In Texas, small claims parties generally represent themselves without an attorney. This is largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. However, you are allowed to retain one if you choose.
Small Claims Court Clerk
We recommend contacting the Harrison County court clerk before proceeding down to the courthouse to file your action. The clerk is an excellent resource for the procedure for small claims court cases in Texas but also any procedures specific to that County or courthouse. It is recommended that you contact the clerk’s office to ensure the courthouse is open during the hours you want to visit. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Judges for Small Claims Court Cases in Harrison County
The justice of the peace for Harrison County presides over small claims court actions for Harrison County.
Limit (or Jurisdiction) of Small Claims Court
The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of money). You cannot seek injunctive 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. You could only ask the court for an award of money.
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
Small Claims Court Venue
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).
Harrison County Court Locations
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 Courthouse in the City of Marshall
This courthouse is located at:200 W Houston, Ste 125 Marshall, TX 75670