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). Additionally, a small claims court plaintiff can only ask the court for monetary relief. You are unable to seek injunctive or equitable 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. You could only ask the court for an award of money. Nacogdoches County Small Claims Court cases are heard in 4 courthouses in Nacogdoches County.
Do I need to hire an Attorney?
In Texas, small claims parties generally represent themselves without an attorney. The reasoning behind this is because the amount is $10,000 or less, hiring an attorney becomes cost prohibitive. However, you are allowed to retain one if you choose.
Small Claims Court Clerk
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. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
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. However, if a party wishes for a jury trial, it will likely last a few hours.
Can I file my small claims case in Nacogdoches County?
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).
Types of Cases
A variety of cases are handled in small claims court. 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.
A Justice of the Peace for Nacogdoches County hears small claims court cases for Nacogdoches County.
Nacogdoches County Court Locations
The precinct map for Nacogdoches County can be found here.
Precinct 1 Courthouse in the City of Nacogdoches
This courthouse is located at:9373 US Hwy 259 Nacogdoches, TX 75965-0822
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 Nacogdoches
This courthouse is located at:4679 FM 226 Nacogdoches, TX 75961