Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
Types of Small Claims Cases
Most cases for the recovery of money can be heard in small claims court. Cases include damages from an automobile accident, a security deposit from a landlord, or breach of a contract. 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.
Can I file my small claims case in Young County?
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).
Small Claims Court Jurisdiction
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Small claims parties can only recover money. You are unable to seek injunctive or equitable 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. This type of relief would be injunctive relief. Young County Small Claims Court cases are heard in 2 courthouses in Young County.
Can I hire an attorney?
In Texas, small claims parties generally 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).
What can I expect at trial?
Small claims court trials are very informal compared to a regular civil trial. 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.
Clerk’s Role in Small Claims Court Actions
The clerk is often the first person small claims court litigants interact with in their case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Young County. We recommend calling the clerk’s office to ensure the courthouse is open. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
Judges for Small Claims Court Cases in Young County
The justice of the peace for Young County presides over small claims court actions for Young County.
Young County Court Locations
The precinct map for Young County can be found here.
Precinct 1 Place 1 Courthouse in the City of Graham
This courthouse is located at:516 4th St, Rm B2 Graham, TX 76450
Precinct 3 Place 1 Courthouse in the City of Olney
This courthouse is located at:117 S Grand St Olney, TX 76374-1834