Madison County Small Claims Court, Texas

Who is the judge in a Small Claims Court case?

A Justice of the Peace for Madison County hears small claims court cases for Madison County.

Madison County Court Clerk

The clerk is often the first person small claims court litigants interact with in their case. 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. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.

Do I need to hire an Attorney?

You are allowed to hire an attorney (Texas Government Code Section 28.003), however, most small claims court parties choose to represent themselves. This is largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).

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). Madison County Small Claims Court cases are heard in 2 courthouses in Madison County.

Madison County Small Claims Court

Madison County Small Claims Court

Are there appeals in small claims court?

Appeals are allowed if the amount of the award exceeds $250.00.

Small Claims Court Case Types

Small claims courts handle a wide variety of cases. This could be an action to get your security deposit back, or an action to recover money for damage done to your vehicle after a car accident. 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.

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). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of money). The court has no authority to issue an injunctive or equitable award. Say your landscaper breaks a sprinkler head. You can ask the court for money to replace the sprinkler head, but you cannot ask the court for an order requiring the landscaper to physically replace the sprinkler head. This would be called injunctive relief.

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. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. It will likely be pretty quick. However, if a party wishes for a jury trial, it will likely last a few hours.

Madison County Court Locations

The precinct map for Madison County can be found here.

Precinct 1 Courthouse in the City of Madisonville

This courthouse is located at:

101 W Main, Rm B-22
Madisonville, TX 77864-1990

This courthouse handles cases for Precinct 1. The court’s website can be found here. The phone number for the court is (936)348-5151.

Precinct 2 Courthouse in the City of Madisonville

This courthouse is located at:

101 W Main, Rm B-22
Madisonville, TX 77864-1990

This courthouse handles cases for Precinct 2. The court’s website can be found here. The phone number for the court is (936)348-3232. And you can email the court by clicking here.

2 comments

  1. I would like to get information regarding filing a small claims. Please advise????

  2. Teresia Martin says:

    We are a small business. We have a contract for work that we performed for a customer. This customer owes us $9400.00 plus interest that looks like he has no intention of paying. We install a septic system and did some construction work in preparation for the install.
    Can we do a small claims Gainst this customer? If so, what is the waiting period of our claim being heard?

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