Are there appeals in small claims court?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00. Gregg County Small Claims Court cases are heard in 4 courthouses in Gregg County.
What can I expect at trial?
The trial is relatively informal compared to a normal trial. There are no rules of evidence. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. Trials generally are pretty short (15-20 minutes). A jury trial will likely last longer, probably a few hours.
Who is the judge in a Small Claims Court case?
The justice of the peace for Gregg County presides over small claims court actions for Gregg County.
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. However, small claims court cannot handle assignments of claims (where one person transfers their interest in an action to another), a divorce proceedings, and cases filed by collection agencies or agents.
Where do I file my small claims court case?
You should file your action in the County and specific Precinct where the defendants reside or where the defendant has contracted to perform. (Government Code Section 28.011).
Do I need to 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. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Can I file my case in small claims court?
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. 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.
Small Claims Court Clerk
We recommend contacting the Gregg County court clerk before proceeding down to the courthouse to file your action. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Gregg County Court Locations
Precinct 1 Place 1 Courthouse in the City of Longview
This courthouse is located at:
Precinct 2 Place 1 Courthouse in the City of Longview
This courthouse is located at:3211 W Marshall Ave Longview, TX 75604
Precinct 3 Place 1 Courthouse in the City of Kilgore
This courthouse is located at:622 Kay St Kilgore, TX 75662
Precinct 4 Place 1 Courthouse in the City of Longview
This courthouse is located at:2131 S Eastman Rd Longview, TX 75602