Small Claims Court Case Types
A variety of cases are handled 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. 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.
Do I need A Lawyer?
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. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Judges for Small Claims Court Cases in Haskell County
A Justice of the Peace for Haskell County hears small claims court cases for Haskell County.
Clerk’s Role in Small Claims Court Actions
We recommend contacting the Haskell 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 Haskell County. We recommend calling the clerk’s office to ensure the courthouse is open. 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.
Small Claims Court Jurisdiction
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. Small Claims Court cases for Haskell are heard in 1 LOCATIONS throughout Haskell County.
How are trials conducted?
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. Trials generally are pretty short (15-20 minutes). A jury trial will likely last longer, probably a few hours.
Can I file my small claims case in Haskell County?
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).
Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
Haskell County Court Locations
The precinct map for Haskell County can be found here.
Precinct 1 Place 1 Courthouse in the City of Haskell
This courthouse is located at:1 Avenue D, Rm 8 Haskell, TX 79521-5917