Judges for Small Claims Court Cases in Hill County
Small claims cases in Hill County are heard in front of the justice of the peace for Hill County.
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.
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).
Can I file my case in small claims court?
The plaintiff’s demand for money cannot exceed $10,000. (Texas 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.
Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
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. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice. Hill County Small Claims Court cases are heard in 4 courthouses in Hill County.
Do I need A Lawyer?
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. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
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. Additionally, the judge is allowed to ask questions of the parties and witnesses, and generally takes a more proactive role in determining the facts of a case. Trials generally are pretty short (15-20 minutes). A jury trial will likely last longer, probably a few hours.
Hill County Court Locations
The precinct map for Hill County can be found here.
Precinct 1 Place 1 Courthouse in the City of Whitney
This courthouse is located at:P O Box 1853 Whitney, TX 76692-1853
Precinct 2 Place 1 Courthouse in the City of Hillsboro
This courthouse is located at:P O Box 316 Hillsboro, TX 76645-0316
This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (254)582-4025.
Precinct 3 Place 1 Courthouse in the City of Malone
This courthouse is located at:P O Box 193 Malone, TX 76660
Precinct 4 Place 1 Courthouse in the City of Itasca
This courthouse is located at:P O Box 206 Itasca, TX 76055-0561