Small Claims Court cases for Caldwell are heard in 4 locations throughout Caldwell County. The following locations are served by this County: Dale, Lockhart, Luling, Martindale, Niederwald, Uhland, Maxwell, and unincorporated parts of Caldwell County.
Small Claims Court Venue
The action is generally filed in the County and Precinct where the defendants reside (where they live) or where location where the Defendants contracted themselves to perform. (Texas Government Code Section 28.011).
Do I need to hire an Attorney?
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).
Small Claims Court Case Types
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. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
Small claims cases in Caldwell County are heard in front of the justice of the peace for Caldwell County.
Are there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250.
Clerk’s Role in Small Claims Court Actions
We recommend contacting the court clerk before proceeding down to the courthouse to file your action. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Can I file my case in small claims court?
The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Small claims parties can only recover money. You cannot seek injunctive relief. For example, you could sue a dry cleaner for running 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 type of relief would be injunctive relief.
What is the trial like?
Small claims court trials are very informal compared to a regular civil trial. 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 quicked, often lasting between 15-20 minutes. A jury trial will likely last longer, probably a few hours.
This courthouse handles cases for Precinct 1 Place 1. The Caldwell courthouse is located at:110 S Brazos Lockhart, TX 78644
The Luling courthouse is located at:505 E Fannin Luling, TX 78648
This courthouse handles cases for Precinct 2 Place 1. The court’s website is can be found here. The phone number for the court is (830)875-5260. You can also contact the court via email by clicking here.
This courthouse is located at:P O Box 145 Maxwell, TX 78656-0145
The Caldwell courthouse is located at:P O Box 145 Maxwell, TX 78656-0145
The Lockhart courthouse is located at:405 E Market St Lockhart, TX 78644-2872
This courthouse handles cases for Precinct 4 Place 1. The court’s website is can be found here. The phone number for the court is (512)398-1841. You can also contact the court via email by clicking here.