Small Claims Court Case Types
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. 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.
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).
Who is the judge in a Small Claims Court case?
Small claims cases in Montague County are heard in front of the justice of the peace for Montague County.
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00. Small Claims Court cases for Montague are heard in 2 LOCATIONS throughout Montague County.
Small Claims Court Jurisdiction
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. You cannot seek injunctive relief. For example, you could sue a dry cleaner for ruining your clothes and ask for money to replace the clothes, but you cannot ask the judge for an order for the dry cleaner to repair your clothes. This type of relief would be injunctive relief.
Do I need to 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).
Clerk’s Role in Small Claims Court Actions
The clerk at the courthouse can be an excellent resource for your 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. 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.
What can I expect at trial?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. This allows the trials to be conducted in a much more informal fashion. 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. 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.
Montague County Court Locations
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