Types of Small Claims Cases
Small claims courts handle a wide variety of cases. 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.
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). Small claims parties can only recover money. 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. You could only ask the court for an award of money. Marion County Small Claims Court cases are heard in 2 courthouses in Marion County.
Small Claims Court Venue
The action is generally filed in the County and Precinct where the defendants reside (where they live) or where location where the Defendants contracted themselves to perform. (Texas Government Code Section 28.011).
Marion 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 Marion County. We recommend calling the clerk’s office to ensure the courthouse is open. 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?
Small claims court litigants in Texas normally represent themselves without an attorney. This is largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Who is the judge in a Small Claims Court case?
The justice of the peace for Marion County presides over small claims court actions for Marion County.
How are trials conducted?
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.
Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
Marion County Court Locations
Precinct 1 Place 1 Courthouse in the City of Jefferson
This courthouse is located at:114 W Austin St, Rm 204 Jefferson, TX 75657
Precinct 2 Place 1 Courthouse in the City of Jefferson
This courthouse is located at:8249 State Hwy 49 Jefferson, TX 75657
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)665-3581.