Are there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250.
How are trials conducted?
The trial is relatively informal compared to a normal trial. This allows the trials to be conducted in a much more informal fashion. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. Trials generally are pretty short (15-20 minutes). If a jury trial is required, the trial could last a few hours.
Who is the judge in a Small Claims Court case?
The justice of the peace for Nacogdoches County presides over small claims court actions for Nacogdoches County. Nacogdoches County Small Claims Court cases are heard in 4 courthouses in Nacogdoches County.
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). 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, 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.
Types of Cases
Small claims courts handle a wide variety of cases. 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.
Do I need to hire an Attorney?
You are allowed to hire an attorney (Texas Government Code Section 28.003), however, most small claims court parties choose to represent themselves. 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).
Small Claims Court Venue
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 Court Clerk
We recommend contacting the Nacogdoches County court clerk before proceeding down to the courthouse to file your action. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Nacogdoches County. We recommend calling the clerk’s office to ensure the courthouse is open. 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.
Nacogdoches County Court Locations
Precinct 1 Courthouse in the City of Nacogdoches
This courthouse is located at:
Precinct 2 Place 1 Courthouse in the City of Nacogdoches
This courthouse is located at:2306 Douglass Rd, Ste 102 Nacogdoches, TX 75964
Precinct 3 Place 1 Courthouse in the City of Nacogdoches
This courthouse is located at:2723 Center Hwy, Ste 7 Nacogdoches, TX 75961
Precinct 4 Place 1 Courthouse in the City of Nacogdoches
This courthouse is located at:4679 FM 226 Nacogdoches, TX 75961