Can I hire an attorney?
In Texas, small claims parties generally represent themselves without an attorney. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. However, you are allowed to retain one if you choose.
What is the trial like?
The trial is relatively informal compared to a normal trial. This allows the trials to be conducted in a much more informal fashion. 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. A small claims court trial is much quicker, often lasting between 15-20 minutes. If a jury trial is required, the trial could last a few hours.
Can I file my case in 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. This type of relief would be injunctive relief.
Are Appeals Allowed?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00. Small Claims Court cases for Baylor are heard in 2 LOCATIONS throughout Baylor County.
Baylor County Court Clerk
The clerk is often the first person small claims court litigants interact with in their case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Baylor County. We recommend calling the clerk’s office to ensure the courthouse is open. 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
The justice of the peace for Baylor County presides over small claims court actions for Baylor County.
Types of Cases
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. 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.
Can I file my small claims case in Baylor County?
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).
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
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