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. 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.
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). Additionally, a small claims court plaintiff can only ask the court for monetary relief. You are unable to seek injunctive or equitable 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. This would be called injunctive relief.
Are Appeals Allowed?
Yes, but only if the amount in controversy is in excess of $250. Small Claims actions are heard in 4 courthouses throughout Upshur County.
Can I file my small claims case in Upshur 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 cases in Upshur County are heard in front of the justice of the peace for Upshur County.
Can I hire an attorney?
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. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Types of 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.
What can I expect at trial?
The trial is relatively informal compared to a normal trial. There are no rules of evidence. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. A small claims court trial is much quicker, often lasting between 15-20 minutes. However, if a party wishes for a jury trial, it will likely last a few hours.
Upshur County Court Locations
Precinct 1 Place 1 Courthouse in the City of Gilmer
This courthouse is located at:
Precinct 2 Place 1 Courthouse in the City of Gilmer
This courthouse is located at:405 N Titus Gilmer, TX 75644
Precinct 3 Place 1 Courthouse in the City of Gladewater
This courthouse is located at:2498 W Upshur Gladewater, TX 75647
Precinct 4 Place 1 Courthouse in the City of Gilmer
This courthouse is located at:P O Box 730 Gilmer, TX 75644-0730