Caldwell 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 Caldwell 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.
Can I file my case in 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 cannot seek injunctive relief. 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 would be called injunctive relief.
Are there appeals in small claims court?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Can I file my small claims case in Caldwell 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). Caldwell County Small Claims Court cases are heard in 4 courthouses in Caldwell County.
What can I expect at trial?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. There are no rules of evidence. 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. 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.
Types of Small Claims Cases
A variety of cases are handled in small claims court. Cases include damages from an automobile accident, a security deposit from a landlord, or breach of a contract. The only types of cases that are prohibited are an assignment of a claim (whereby you transfer your interest in a case for someone else to collect), a divorce, or a case filed by a collection agency or agents.
Can I hire an attorney?
In Texas, small claims parties generally represent themselves without an attorney. The reasoning behind this is because the amount is $10,000 or less, hiring an attorney becomes cost prohibitive. However, you are allowed to retain one if you choose.
A Justice of the Peace for Caldwell County hears small claims court cases for Caldwell County.
Caldwell County Court Locations
The precinct map for Caldwell County can be found here.
Precinct 1 Place 1 Courthouse in the City of Lockhart
This courthouse is located at:110 S Brazos Lockhart, TX 78644
Precinct 2 Place 1 Courthouse in the City of Luling
This courthouse is located at:505 E Fannin Luling, TX 78648
Precinct 3 Place 1 Courthouse in the City of Maxwell
This courthouse is located at:P O Box 145 Maxwell, TX 78656-0145
Precinct 4 Place 1 Courthouse in the City of Lockhart
This courthouse is located at:405 E Market St Lockhart, TX 78644-2872