Who is the judge in a Small Claims Court case?
A Justice of the Peace for Hunt County hears small claims court cases for Hunt County.
Are Appeals Allowed?
Appeals are allowed if the amount of the award exceeds $250.00.
What can I expect at trial?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. A small claims court trial is much quicker, often lasting between 15-20 minutes. However, if a party wishes for a jury trial, it will likely last a few hours.
Types of Cases
A variety of cases are handled 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. Small Claims actions are heard in 5 courthouses throughout Hunt County.
Can I file my small claims case in Hunt 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).
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 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. You could only ask the court for an award of money.
Hunt County 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 Hunt 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.
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).
Hunt County Court Locations
Precinct 1 Place 1 Courthouse in the City of Greenville
This courthouse is located at:2801 Stuart St, Ste 409 Greenville, TX 75401
Precinct 1 Place 2 Courthouse in the City of Greenville
This courthouse is located at:2801 Stuart St, Ste 412 Greenville, TX 75401-4889
This courthouse handles cases for Precinct 1 Place 2. The court’s website can be found here. The phone number for the court is (903)453-6930.
Precinct 2 Place 1 Courthouse in the City of Commerce
This courthouse is located at:P O Box 411 Commerce, TX 75429
Precinct 3 Place 1 Courthouse in the City of Wolfe City
This courthouse is located at:P O Box 110 Wolfe City, TX 75496-0110
Precinct 4 Place 1 Courthouse in the City of Quinlan
This courthouse is located at:P O Box 2859 Quinlan, TX 75474-2859