Are Appeals Allowed?
Appeals are allowed if the amount of the award exceeds $250.00.
Clerk’s Role in Small Claims Court Actions
We recommend contacting the Jasper County court clerk before proceeding down to the courthouse to file your action. The clerk is an excellent resource for the procedure for small claims court cases in Texas but also any procedures specific to that County or courthouse. It is recommended that you contact the clerk’s office to ensure the courthouse is open during the hours you want to visit. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
Can I hire an attorney?
In Texas, small claims parties generally represent themselves without an attorney. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
What is the trial like?
The trial is relatively informal compared to a normal trial. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. A small claims court trial is much quicker, often lasting between 15-20 minutes. If a jury trial is required, the trial could last a few hours.
Types of Cases
A variety of cases are handled 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.
Who is the judge in a Small Claims Court case?
The justice of the peace for Jasper County presides over small claims court actions for Jasper County.
Limit (or Jurisdiction) of Small Claims Court
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of money). You are unable to seek injunctive or equitable 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.
Where do I file my small claims court case?
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). Small Claims actions are heard in 6 courthouses throughout Jasper County.
Jasper County Court Locations
Precinct 1 Place 1 Courthouse in the City of Jasper
This courthouse is located at:2033 State Hwy 63 W Jasper, TX 75951
Precinct 2 Place 1 Courthouse in the City of Jasper
This courthouse is located at:121 N Austin, Rm 105 Jasper, TX 75951
This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (409)384-4534.
Precinct 3 Place 1 Courthouse in the City of Kirbyville
This courthouse is located at:P O Box 426 Kirbyville, TX 75956-0426
Precinct 4 Place 1 Courthouse in the City of Buna
This courthouse is located at:P O Box 179 Buna, TX 77612
This courthouse handles cases for Precinct 4 Place 1. The court’s website can be found here. The phone number for the court is (409)994-2595.
Precinct 5 Place 1 Courthouse in the City of Sam Rayburn
This courthouse is located at:P O Box 5304 Sam Rayburn, TX 75951
Precinct 6 Place 1 Courthouse in the City of Evadale
This courthouse is located at:P O Box 507 Evadale, TX 77615-0507