What is the trial like?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. 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.
Rusk County 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. 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.
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.
Can I hire an attorney?
In Texas, small claims parties generally 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).
Where do I file my small claims court case?
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).
Can I file my case in small claims court?
The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. The court has no authority to issue an injunctive or equitable award. 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.
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 cases for Rusk are heard in 5 LOCATIONS throughout Rusk County.
Types of Small Claims Cases
Most cases for the recovery of money can be heard in small claims court. 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.
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