Burnet County Small Claims Court cases are heard in 4 courthouses in Burnet County.
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).
A Justice of the Peace for Burnet County hears small claims court cases for Burnet County.
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 largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Can I appeal my case?
Yes, but only if the amount in controversy is in excess of $250.
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. The court has no authority to issue an injunctive or equitable award. 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.
Small Claims Court Clerk
We recommend contacting the Burnet 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. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Small Claims Court Case Types
Most cases for the recovery of money can be heard in small claims court. From a security deposit on a rental to a motor vehicle accident. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
What can I expect at trial?
The trial is relatively informal compared to a normal trial. This allows the trials to be conducted in a much more informal fashion. Additionally, the judge is allowed to ask questions of the parties and witnesses, and generally takes a more proactive role in determining the facts of a case. It will likely be pretty quick. A jury trial will likely last longer, probably a few hours.
Burnet County Court Locations
The precinct map for Burnet County can be found here.
Precinct 1 Place 1 Courthouse in the City of Burnet
This courthouse is located at:1701 E Polk St, Ste 30 Burnet, TX 78611
Precinct 2 Place 1 Courthouse in the City of Burnet
This courthouse is located at:1701 E Polk St, Ste 01 Burnet, TX 78611-3136
Precinct 3 Place 1 Courthouse in the City of Marble Falls
This courthouse is located at:810 Steve Hawkins Pkwy Marble Falls, TX 78654
Precinct 4 Place 1 Courthouse in the City of Marble Falls
This courthouse is located at:810 Steve Hawkins Pkwy, Box 4 Marble Falls, TX 78654