Small Claims Court Case Types
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. The only types of cases that are prohibited are an assignment of a claim (whereby you transfer your interest in a case for someone else to collect), a divorce, or a case filed by a collection agency or agents.
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. 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). If a jury trial is required, the trial could last a few hours.
Small Claims Court Clerk
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 Hopkins 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.
Are Appeals Allowed?
Appeals are allowed if the amount of the award exceeds $250.00.
Where do I file my small claims court case?
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).
Who is the judge in a Small Claims Court case?
The justice of the peace for Hopkins County presides over small claims court actions for Hopkins County.
Limit (or Jurisdiction) of 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 cannot seek injunctive relief. 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 would be called injunctive relief.
Do I need to hire an Attorney?
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. However, you are allowed to retain one if you choose. Small Claims actions are heard in 2 courthouses throughout Hopkins County.
Hopkins County Court Locations
The precinct map for Hopkins County can be found here.
Precinct 1 Place 1 Courthouse in the City of Sulphur Springs
This courthouse is located at:128K Jefferson St Sulphur Springs, TX 75482
This courthouse handles cases for Precinct 1 Place 1. The court’s website can be found here. The phone number for the court is (903)438-4026.
Precinct 2 Place 1 Courthouse in the City of Sulphur Springs
This courthouse is located at:128G Jefferson St Sulphur Springs, TX 75482-2705
This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (903)438-4036.