Bastrop County Court Clerk
We recommend contacting the Bastrop County court clerk before proceeding down to the courthouse to file your action. The clerk is an excellent resource for the procedure for small claims court cases in Texas but also any procedures specific to that County or courthouse. It is recommended that you contact the clerk’s office to ensure the courthouse is open during the hours you want to visit. 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.
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). However, if a party wishes for a jury trial, it will likely last a few hours.
The justice of the peace for Bastrop County presides over small claims court actions for Bastrop County.
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. 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 type of relief would be injunctive relief.
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. Bastrop County Small Claims Court cases are heard in 4 courthouses in Bastrop County.
Where do I file my small claims court case?
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).
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. However, you are allowed to retain one if you choose.
Small Claims Court Case Types
A variety of cases are handled in small claims court. 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. 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.
Bastrop County Court Locations
Precinct 1 Place 1 Courthouse in the City of Bastrop
This courthouse is located at:P O Box 336 Bastrop, TX 78602-0336
This courthouse handles cases for Precinct 1 Place 1. The court’s website can be found here. The phone number for the court is (512)581-4258.
Precinct 2 Place 1 Courthouse in the City of Smithville
This courthouse is located at:P O Box 5 Smithville, TX 78957
Precinct 3 Place 1 Courthouse in the City of Cedar Creek
This courthouse is located at:5785 FM 535 Cedar Creek, TX 78612
Precinct 4 Place 1 Courthouse in the City of Elgin
This courthouse is located at:1125 Dildy Dr Elgin, TX 78621
This courthouse handles cases for Precinct 4 Place 1. The court’s website can be found here. The phone number for the court is (512)581-7162.