Can I file my small claims case in Rusk 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). Small Claims Court cases for Rusk are heard in 5 LOCATIONS throughout Rusk County.
Types of Cases
Most cases for the recovery of money can be heard in small claims court. This could be an action to get your security deposit back, or an action to recover money for damage done to your vehicle after a car 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.
Clerk’s Role in Small Claims Court Actions
We recommend contacting the Rusk 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 Rusk 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.
Do I need to 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. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 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). Small claims parties can only recover money. The court has no authority to issue an injunctive or equitable award. 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.
Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
How are trials conducted?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. 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. It will likely be pretty quick. A jury trial will likely last longer, probably a few hours.
Judges for Small Claims Court Cases in Rusk County
The justice of the peace for Rusk County presides over small claims court actions for Rusk County.
Rusk County Court Locations
Precinct 1 Place 1 Courthouse in the City of Overton
This courthouse is located at:
Precinct 2 Place 1 Courthouse in the City of Tatum
This courthouse is located at:P O Box 1034 Tatum, TX 75691
Precinct 3 Place 1 Courthouse in the City of Mount Enterprise
This courthouse is located at:P O Box 189 Mount Enterprise, TX 75681
Precinct 4 Place 1 Courthouse in the City of Henderson
This courthouse is located at:7933 Hwy 42 S Henderson, TX 75654-5558
Precinct 5 Place 1 Courthouse in the City of Henderson
This courthouse is located at:210 W Charlevoix St, Ste 304 Henderson, TX 75652-3198