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. However, you are allowed to retain one if you choose. Small Claims Court cases for Denton are heard in 6 LOCATIONS throughout Denton County.
What is the trial like?
The trial is relatively informal compared to a normal trial. There are no rules of evidence. 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. A small claims court trial is much quicker, often lasting between 15-20 minutes. If a jury trial is required, the trial could last a few hours.
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).
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.
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
Judges for Small Claims Court Cases in Denton County
A Justice of the Peace for Denton County hears small claims court cases for Denton County.
Small Claims Court Jurisdiction
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 cannot seek injunctive relief. 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.
Denton County Court Clerk
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. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
Denton County Court Locations
Precinct 1 Courthouse in the City of Denton
This courthouse is located at:401 W Hickory, Ste 227 Denton, TX 76201-9006
This courthouse handles cases for Precinct 1. The court’s website can be found here. The phone number for the court is (940)349-3170.
Precinct 2 Courthouse in the City of Frisco
This courthouse is located at:
Precinct 3 Courthouse in the City of Lewisville
This courthouse is located at:400 N Valley Pkwy, #2012 Lewisville, TX 75067-3466
Precinct 4 Courthouse in the City of Flower Mound
This courthouse is located at:6200 Canyon Falls Dr, Ste 101 Flower Mound, TX 76226
Precinct 5 Courthouse in the City of Cross Roads
This courthouse is located at:1400 FM 424, Ste 124 Cross Roads, TX 76227-7284
Precinct 6 Courthouse in the City of Carrollton
This courthouse is located at:1029 W Rosemeade Pkwy Carrollton, TX 75007-6251