Small Claims Court Clerk
We recommend contacting the Hansford 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. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
Do I need A Lawyer?
In Texas, small claims parties generally 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.
How are trials conducted?
Small claims court trials are very informal compared to a regular civil 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. It will likely be pretty quick. A jury trial will likely last longer, probably a few hours.
Small Claims Court Case Types
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. Under Texas law, collections cases and claim assignments cannot be heard in small claims court. Small Claims Court cases for Hansford are heard in 1 LOCATIONS throughout Hansford County.
Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
The justice of the peace for Hansford County presides over small claims court actions for Hansford County.
Limit (or Jurisdiction) of Small Claims Court
The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of money). 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.
Can I file my small claims case in Hansford County?
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).
Hansford County Court Locations
Countywide Courthouse in the City of Spearman
This courthouse is located at:12 NW Court Spearman, TX 79081-2052