Small claims cases in Burleson County are heard in front of the justice of the peace for Burleson County.
Can I file my small claims case in Burleson County?
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).
Small Claims Court Case Types
Most cases for the recovery of money can be heard 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.
Small Claims Court Jurisdiction
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of money). The court has no authority to issue an injunctive or equitable award. For example, if you pay a painter $1,000 to paint your house and the painter does not even begin, you cannot ask the court to issue an order for the painter to paint your house. This type of relief would be injunctive relief. Small Claims Court cases for Burleson are heard in 4 LOCATIONS throughout Burleson County.
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. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
What is the trial like?
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. 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). If a jury trial is required, the trial could last a few hours.
Can I appeal my case?
Yes, but only if the amount in controversy is in excess of $250.
Do I need A Lawyer?
You are allowed to hire an attorney (Texas Government Code Section 28.003), however, most small claims court parties choose to represent themselves. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. However, you are allowed to retain one if you choose.
Burleson County Court Locations
The precinct map for Burleson County can be found here.
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.