Are there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250.
How are trials conducted?
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. If a jury trial is required, the trial could last a few hours. Small Claims Court cases for Henderson are heard in 5 LOCATIONS throughout Henderson County.
Small Claims Court Venue
You should file your action in the County and specific Precinct where the defendants reside or where the defendant has contracted to perform. (Government Code Section 28.011).
Can I hire an attorney?
Small claims court litigants in Texas normally represent themselves without an attorney. The reasoning behind this is because the amount is $10,000 or less, hiring an attorney becomes cost prohibitive. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Can I file my case in small claims court?
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Small claims parties can only recover money. You cannot seek injunctive 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.
The justice of the peace for Henderson County presides over small claims court actions for Henderson County.
Clerk’s Role in Small Claims Court Actions
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. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
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. 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.
Henderson County Court Locations
The precinct map for Henderson County can be found here.
Precinct 1 Courthouse in the City of Athens
This courthouse is located at:100 E Tyler St, Rm 200B Athens, TX 75751
This courthouse handles cases for Precinct 1. The court’s website can be found here. The phone number for the court is (903)677-6373.
Precinct 2 Courthouse in the City of Seven Points
This courthouse is located at:P O Box 43672 Seven Points, TX 75143-8508
This courthouse handles cases for Precinct 2. The court’s website can be found here. The phone number for the court is (903)432-4334.
Precinct 3 Courthouse in the City of Chandler
This courthouse is located at:P O Box 835 Chandler, TX 75758
This courthouse handles cases for Precinct 3. The court’s website can be found here. The phone number for the court is (903)849-2222.
Precinct 4 Courthouse in the City of Poynor
This courthouse is located at:P O Box 110 Poynor, TX 75782
Precinct 5 Courthouse in the City of Malakoff
This courthouse is located at:P O Box 885 Malakoff, TX 75148-0885