Judges for Small Claims Court Cases in Henderson County
The justice of the peace for Henderson County presides over small claims court actions for Henderson County.
What can I expect at trial?
Small claims court trials are very informal compared to a regular civil 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). However, if a party wishes for a jury trial, it will likely last a few hours. Henderson County Small Claims Court cases are heard in 5 courthouses in Henderson County.
Can I file my small claims case in Henderson 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).
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
Do I need to hire an Attorney?
Small claims court litigants in Texas normally 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.
Can I file my case in small claims court?
You cannot demand or ask for more than $10,000 in a small claims court case. (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.
Clerk’s Role in Small Claims Court Actions
The clerk at the courthouse can be an excellent resource for your case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Henderson County. We recommend calling the clerk’s office to ensure the courthouse is open. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
Types of Cases
Most cases for the recovery of money can be heard in small claims court. From a security deposit on a rental to a motor vehicle accident. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
Henderson County Court Locations
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