Small Claims Court Jurisdiction
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. 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. You could only ask the court for an award of money.
Small Claims Court Case Types
Small claims courts handle a wide variety of cases. 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. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
Tyler County 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.
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. 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. A jury trial will likely last longer, probably a few hours. Small Claims actions are heard in 4 courthouses throughout Tyler County.
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.
A Justice of the Peace for Tyler County hears small claims court cases for Tyler County.
Do I need to 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?
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).
Tyler County Court Locations
Precinct 1 Place 1 Courthouse in the City of Woodville
This courthouse is located at:
Precinct 2 Place 1 Courthouse in the City of Woodville
This courthouse is located at:P O Box 417 Woodville, TX 75979
Precinct 3 Place 1 Courthouse in the City of Colmesneil
This courthouse is located at:P O Box 98 Colmesneil, TX 75938-0098
Precinct 4 Place 1 Courthouse in the City of Fred
This courthouse is located at:P O Box 576 Fred, TX 77660
This courthouse handles cases for Precinct 4 Place 1. The court’s website can be found here. The phone number for the court is (409)429-9500.