Can I appeal my case?
Yes, but only if the amount in controversy is in excess of $250.
Limit (or Jurisdiction) of Small Claims Court
The plaintiff’s demand for money cannot exceed $10,000. (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 cannot seek injunctive 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.
Small Claims Court Case Types
Most cases for the recovery of money can be heard 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.
Do I need A Lawyer?
In Texas, small claims parties generally 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. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Can I file my small claims case in Montague 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).
What is the trial like?
The trial is relatively informal compared to a normal trial. There are no rules of evidence. Additionally, the judge is allowed to ask questions of the parties and witnesses, and generally takes a more proactive role in determining the facts of a case. Trials generally are pretty short (15-20 minutes). If a jury trial is required, the trial could last a few hours.
Montague County Court Clerk
We recommend contacting the Montague County court clerk before proceeding down to the courthouse to file your action. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Small claims cases in Montague County are heard in front of the justice of the peace for Montague County. Small Claims actions are heard in 2 courthouses throughout Montague County.
Montague County Court Locations
The precinct map for Montague County can be found here.
Precinct 1 Place 1 Courthouse in the City of Nocona
This courthouse is located at:P O Box 564 Nocona, TX 76255-0564
This courthouse handles cases for Precinct 1 Place 1. The court’s website can be found here. The phone number for the court is (940)894-2541.
Precinct 2 Place 1 Courthouse in the City of Montague
This courthouse is located at:P O Box 65 Montague, TX 76251-0065
This courthouse handles cases for Precinct 2 Place 1. The phone number for the court is (940)894-2542. And you can email the court by clicking here.