Do I need A Lawyer?
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. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
How are trials conducted?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. There are no rules of evidence. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. It will likely be pretty quick. A jury trial will likely last longer, probably 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, 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. You could only ask the court for an award of money.
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. 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.
Judges for Small Claims Court Cases in Brazos County
Small claims cases in Brazos County are heard in front of the justice of the peace for Brazos County.
Where do I file my small claims court case?
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). Brazos County Small Claims Court cases are heard in 4 courthouses in Brazos County.
Clerk’s Role in Small Claims Court Actions
The clerk at the courthouse can be an excellent resource for your case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Brazos County. We recommend calling the clerk’s office to ensure the courthouse is open. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
Are Appeals Allowed?
Yes, but only if the amount in controversy is in excess of $250.
Brazos County Court Locations
Precinct 1 Courthouse in the City of Wellborn
This courthouse is located at:P O Box 114 Wellborn, TX 77881
Precinct 2 Courthouse in the City of Bryan
This courthouse is located at:200 S Texas Ave, Ste 114 Bryan, TX 77803
Precinct 3 Courthouse in the City of College Station
This courthouse is located at:1500 George Bush Dr College Station, TX 77840-3369
Precinct 4 Courthouse in the City of Bryan
This courthouse is located at:300 E 26th St, Ste 460 Bryan, TX 77803