A Justice of the Peace for Nacogdoches County hears small claims court cases for Nacogdoches County.
Can I file my case in small claims court?
A plaintiff cannot demand more than $10,000 in their action. (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 are unable to seek injunctive or equitable relief. For example, if you pay a painter $1,000 to paint your house and the painter does not even begin, you cannot ask the court to issue an order for the painter to paint your house. This type of relief would be injunctive relief.
Types of Small Claims Cases
Small claims courts handle a wide variety of cases. 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.
Nacogdoches County Court Clerk
We recommend contacting the Nacogdoches County court clerk before proceeding down to the courthouse to file your action. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Nacogdoches 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.
What can I expect at trial?
The trial is relatively informal compared to a normal trial. 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. 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?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Small Claims Court Venue
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). Small Claims Court cases for Nacogdoches are heard in 4 LOCATIONS throughout Nacogdoches County.
Can I 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).
Nacogdoches County Court Locations
The precinct map for Nacogdoches County can be found here.
Precinct 1 Place 1 Courthouse in the City of Nacogdoches
This courthouse is located at:9373 US Hwy 259 Nacogdoches, TX 75965
This courthouse handles cases for Precinct 1 Place 1. The court’s website can be found here. The phone number for the court is (936)560-4867.
Precinct 2 Place 1 Courthouse in the City of Nacogdoches
This courthouse is located at:2306 Douglass Rd, Ste 102 Nacogdoches, TX 75964
Precinct 3 Place 1 Courthouse in the City of Nacogdoches
This courthouse is located at:2723 Center Hwy, Ste 7 Nacogdoches, TX 75961
Precinct 4 Place 1 Courthouse in the City of Woden
This courthouse is located at:P O Box 65 Woden, TX 75978