Do I need to hire an Attorney?
Small claims court litigants in Texas normally 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).
Can I file my case in 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. 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. Newton County Small Claims Court cases are heard in 4 courthouses in Newton County.
Clerk’s Role in Small Claims Court Actions
We recommend contacting the Newton 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. 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 is the trial like?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. There are no rules of evidence. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. It will likely be pretty quick. If a jury trial is required, the trial could last a few hours.
Can I file my small claims case in Newton County?
You should file your action in the County and specific Precinct where the defendants reside or where the defendant has contracted to perform. (Government Code Section 28.011).
Can I appeal my case?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
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. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
Judges for Small Claims Court Cases in Newton County
Small claims cases in Newton County are heard in front of the justice of the peace for Newton County.
Newton County Court Locations
Precinct 1 Place 1 Courthouse in the City of Newton
This courthouse is located at:4382 FM 363 Newton, TX 75966-9514
Precinct 2 Place 1 Courthouse in the City of Wiergate
This courthouse is located at:P O Box 178 Wiergate, TX 75977-0178
Precinct 3 Place 1 Courthouse in the City of Newton
This courthouse is located at:P O Box 452 Newton, TX 75966
Precinct 4 Place 1 Courthouse in the City of Deweyville
This courthouse is located at:P O Box 319 Deweyville, TX 77614-0319
This courthouse handles cases for Precinct 4 Place 1. The court’s website can be found here. The phone number for the court is (409)746-7190.