Small Claims Court Jurisdiction
The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. 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 would be called injunctive relief.
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. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Brazos County Court Clerk
We recommend contacting the Brazos 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. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
What is the trial like?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. 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. It will likely be pretty quick. However, if a party wishes for a jury trial, it will likely last a few hours. Small Claims actions are heard in 5 courthouses throughout Brazos County.
Who is the judge in a Small Claims Court case?
The justice of the peace for Brazos County presides over small claims court actions for Brazos County.
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).
Can I appeal my case?
Yes, but only if the amount in controversy is in excess of $250.
Small Claims Court Case Types
A variety of cases are handled in small claims court. Cases include damages from an automobile accident, a security deposit from a landlord, or breach of a contract. 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.
Brazos County Court Locations
The precinct map for Brazos County can be found here.
Precinct 1 Courthouse in the City of Wellborn
This courthouse is located at:P O Box 114 Wellborn, TX 77881
Precinct 2 Place 1 Courthouse in the City of Bryan
This courthouse is located at:200 S Texas Ave, Ste 126 Bryan, TX 77803
Precinct 2 Place 2 Courthouse in the City of Bryan
This courthouse is located at:200 S Texas Ave, Ste 114 Bryan, TX 77803
This courthouse handles cases for Precinct 2 Place 2. The court’s website can be found here. The phone number for the court is (979)361-4190.
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:206 N Washington Bryan, TX 77803-5308