Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
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 because cases involving $10,000 or less usually do not justify the cost of an attorney. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
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.
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. 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 type of relief would be injunctive relief. Madison County Small Claims Court cases are heard in 2 courthouses in Madison County.
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).
How are trials conducted?
Small claims court trials are very informal compared to a regular civil trial. This allows the trials to be conducted in a much more informal fashion. 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.
Madison County Court Clerk
The clerk is often the first person small claims court litigants interact with in their case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Madison 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.
Types of Small Claims 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. 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.
Madison County Court Locations
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 130 Madisonville, TX 77864-1990