Are Appeals Allowed?
Yes, but only if the amount in controversy is in excess of $250.
Clerk’s Role in Small Claims Court Actions
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 Brown 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. Brown County Small Claims Court cases are heard in 4 courthouses in Brown 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). Additionally, a small claims court plaintiff can only ask the court for monetary relief. 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.
Do I need A Lawyer?
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. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
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).
Judges for Small Claims Court Cases in Brown County
The justice of the peace for Brown County presides over small claims court actions for Brown County.
How are trials conducted?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. This allows the trials to be conducted in a much more informal fashion. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. It will likely be pretty quick. If a jury trial is required, the trial could last a few hours.
Types of Small Claims Cases
Most cases for the recovery of money can be heard in small claims court. Cases include damages from an automobile accident, a security deposit from a landlord, or breach of a contract. 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.
Brown County Court Locations
Precinct 1 Place 1 Courthouse in the City of Brownwood
This courthouse is located at:
This courthouse handles cases for Precinct 1 Place 1. The court’s website can be found here. The phone number for the court is (325)643-2688. And you can email the court by clicking here.
Precinct 2 Place 1 Courthouse in the City of Brownwood
This courthouse is located at:
200 S Broadway, Rm 200 Brownwood, TX 76801-3192This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (325)643-5962. And you can email the court by clicking here.
Precinct 3 Place 1 Courthouse in the City of Brownwood
This courthouse is located at:
200 S Broadway, Rm 200 Brownwood, TX 76801-3192This courthouse handles cases for Precinct 3 Place 1. The court’s website can be found here. The phone number for the court is (325)643-5962. And you can email the court by clicking here.
Precinct 4 Place 1 Courthouse in the City of Brownwood
This courthouse is located at:
200 S Broadway, Rm 200 Brownwood, TX 76801-3192This courthouse handles cases for Precinct 4 Place 1. The court’s website can be found here. The phone number for the court is (325)646-6437. And you can email the court by clicking here.
I have a rental property we need to file against previous tenant. The amount is 19,980. Can this be done through small claims court? If not how would we file against previous tenant?
Greatly appreciate your assistance in advance.
Very Respectfully,
Kathryn Smith