Small Claims Court Venue
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).
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. 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).
Are Appeals Allowed?
Appeals are allowed if the amount of the award exceeds $250.00.
Small Claims Court Jurisdiction
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 are unable to seek injunctive or equitable relief. Say your landscaper breaks a sprinkler head. You can ask the court for money to replace the sprinkler head, but you cannot ask the court for an order requiring the landscaper to physically replace the sprinkler head. This type of relief would be injunctive relief.
Small Claims Court Case Types
A variety of cases are handled in small claims court. From a security deposit on a rental to a motor vehicle 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.
What is the trial like?
Small claims court trials are very informal compared to a regular civil trial. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. 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.
Baylor County Court Clerk
The clerk is often the first person small claims court litigants interact with in their case. 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.
Judges for Small Claims Court Cases in Baylor County
Small claims cases in Baylor County are heard in front of the justice of the peace for Baylor County. Baylor County Small Claims Court cases are heard in 2 courthouses in Baylor County.
Baylor County Court Locations
The precinct map for Baylor County can be found here.
Precinct 1 Place 1 Courthouse in the City of Seymour
This courthouse is located at:101 S Washington St, Ste 2 Seymour, TX 76380-2556
This courthouse handles cases for Precinct 1 Place 1. The court’s website can be found here. The phone number for the court is (940)889-2662.
Precinct 2 Place 1 Courthouse in the City of Seymour
This courthouse is located at:101 S Washington St, Ste 3 Seymour, TX 76380-2556
This courthouse handles cases for Precinct 2 Place 1. The phone number for the court is (940)889-3300. And you can email the court by clicking here.