Small Claims Court Case Types
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. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
Do I need to hire an Attorney?
You are allowed to hire an attorney (Texas Government Code Section 28.003), however, most small claims court parties choose to represent themselves. 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 small claims case in Sabine 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). Sabine County Small Claims Court cases are heard in 2 courthouses in Sabine County.
Judges for Small Claims Court Cases in Sabine County
A Justice of the Peace for Sabine County hears small claims court cases for Sabine County.
Clerk’s Role in Small Claims Court Actions
The clerk at the courthouse can be an excellent resource for your case. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
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. You cannot seek injunctive 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.
What is the trial like?
The trial is relatively informal compared to a normal trial. There are no rules of evidence. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. It will likely be pretty quick. However, if a party wishes for a jury trial, it will likely last a few hours.
Can I appeal my case?
Yes, but only if the amount in controversy is in excess of $250.
Sabine County Court Locations
The precinct map for Sabine County can be found here.
Precinct 1 Place 1 Courthouse in the City of Hemphill
This courthouse is located at:P O Box 219 Hemphill, TX 75948
Precinct 2 Place 1 Courthouse in the City of Hemphill
This courthouse is located at:P O Box 910 Hemphill, TX 75948
This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (409)787-5248.