Are there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250.
Types of Cases
Small claims courts handle a wide variety of cases. 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.
Small Claims Court Jurisdiction
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. 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.
Can I file my small claims case in Hemphill 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).
Hemphill County Court Clerk
The clerk is often the first person small claims court litigants interact with in their case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Hemphill 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.
Do I need A Lawyer?
In Texas, small claims parties generally represent themselves without an attorney. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. However, you are allowed to retain one if you choose.
What can I expect at trial?
The trial is relatively informal compared to a normal 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). A jury trial will likely last longer, probably a few hours. Hemphill County Small Claims Court cases are heard in 1 courthouses in Hemphill County.
A Justice of the Peace for Hemphill County hears small claims court cases for Hemphill County.
Hemphill County Court Locations
The precinct map for Hemphill County can be found here.
Countywide Courthouse in the City of Canadian
This courthouse is located at:P O Box 455 Canadian, TX 79014-0455
This courthouse handles cases for Countywide. The phone number for the court is (806)323-5123. And you can email the court by clicking here.