Judges for Small Claims Court Cases in Rusk County
A Justice of the Peace for Rusk County hears small claims court cases for Rusk County. Small Claims Court cases for Rusk are heard in 5 LOCATIONS throughout Rusk County.
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. Say your landscaper breaks a sprinkler head. You can ask the court for money to replace the sprinkler head, but you cannot ask the court for an order requiring the landscaper to physically replace the sprinkler head. You could only ask the court for an award of money.
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. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Do I need A Lawyer?
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. However, you are allowed to retain one if you choose.
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.
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. 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.
Can I file my small claims case in Rusk County?
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).
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. 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.
Rusk County Court Locations
The precinct map for Rusk County can be found here.
Precinct 1 Place 1 Courthouse in the City of Overton
This courthouse is located at:P O Box 357 Overton, TX 75684-0357
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