Do I need A Lawyer?
Small claims court litigants in Texas normally represent themselves without an attorney. The reasoning behind this is because the amount is $10,000 or less, hiring an attorney becomes cost prohibitive. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
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).
Clerk’s Role in Small Claims Court Actions
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. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
Are Appeals Allowed?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Who is the judge in a Small Claims Court case?
A Justice of the Peace for Brazos County hears small claims court cases for Brazos County.
Limit (or Jurisdiction) of Small Claims Court
You cannot demand or ask for more than $10,000 in a small claims court case. (Government Code 28.093). Small claims parties can only recover 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. You could only ask the court for an award of money.
How are trials conducted?
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. Small Claims Court cases for Brazos are heard in 4 LOCATIONS throughout Brazos County.
Types of Small Claims Cases
Small claims courts handle a wide variety of cases. 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. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
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 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