Burleson 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 Burleson 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.
How are trials conducted?
Small claims court trials are very informal compared to a regular civil trial. 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. A small claims court trial is much quicker, often lasting between 15-20 minutes. However, if a party wishes for a jury trial, it will likely last a few hours.
Small Claims Court Jurisdiction
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. The court has no authority to issue an injunctive or equitable award. 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.
Who is the judge in a Small Claims Court case?
Small claims cases in Burleson County are heard in front of the justice of the peace for Burleson County.
Are Appeals Allowed?
Yes, but only if the amount in controversy is in excess of $250.
Can I hire an attorney?
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. 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?
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). Small Claims Court cases for Burleson are heard in 4 LOCATIONS throughout Burleson County.
Small Claims Court Case Types
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.
Burleson County Court Locations
Precinct 1 Courthouse in the City of Deanville
This courthouse is located at:P O Box 136 Deanville, TX 77852-0136
Precinct 2 Courthouse in the City of Snook
This courthouse is located at:P O Box 250 Snook, TX 77878-0250
Precinct 3 Courthouse in the City of Caldwell
This courthouse is located at:100 W Buck St, Ste 101 Caldwell, TX 77836
Precinct 4 Courthouse in the City of Somerville
This courthouse is located at:16955 State Hwy 368 Somerville, TX 77879
This courthouse handles cases for Precinct 4. The court’s website can be found here. The phone number for the court is (979)596-1412.