Can I file my small claims case in Terrell 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 actions are heard in 2 courthouses throughout Terrell County.
Small Claims Court Clerk
The clerk is often the first person small claims court litigants interact with in their case. 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.
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. 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.
Who is the judge in a Small Claims Court case?
A Justice of the Peace for Terrell County hears small claims court cases for Terrell County.
Can I hire an attorney?
Small claims court litigants in Texas normally represent themselves without an attorney. The reasoning behind this is because the amount is $10,000 or less, hiring an attorney becomes cost prohibitive. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
What can I expect at trial?
The trial is relatively informal compared to a normal trial. 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. Trials generally are pretty short (15-20 minutes). If a jury trial is required, the trial could last a few hours.
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.
Can I file my case in small claims court?
You cannot demand or ask for more than $10,000 in a small claims court case. (Government Code 28.093). Small claims parties can only recover 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.
Terrell County Court Locations
The precinct map for Terrell County can be found here.
Precincts 3 & 4 Place 1 Courthouse in the City of Sanderson
This courthouse is located at:P O Box 368 Sanderson, TX 79848
Precinct 1 & 2 Place 2 Courthouse in the City of Sanderson
This courthouse is located at:P O Box 313 Sanderson, TX 79848