Types of Small Claims Cases
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.
Judges for Small Claims Court Cases in Fort Bend County
Small claims cases in Fort Bend County are heard in front of the justice of the peace for Fort Bend 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. It will likely be pretty quick. If a jury trial is required, the trial could last a few hours.
Small Claims Court Clerk
The clerk at the courthouse can be an excellent resource for your case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Fort Bend 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. Small Claims actions are heard in 5 courthouses throughout Fort Bend County.
Small Claims Court Jurisdiction
You cannot demand or ask for more than $10,000 in a small claims court case. (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. This type of relief would be injunctive relief.
Do I need to 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. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Small Claims Court Venue
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).
Are Appeals Allowed?
Yes, but only if the amount in controversy is in excess of $250.
Fort Bend County Court Locations
The precinct map for Fort Bend County can be found here.
Precinct 1 Place 1 Courthouse in the City of Needville
This courthouse is located at:3114 Rosenberg St Needville, TX 77461-8167
Precinct 1 Place 2 Courthouse in the City of Richmond
This courthouse is located at:1517 Eugene Heimann Cir, Ste 100 Richmond, TX 77469-3620
This courthouse handles cases for Precinct 1 Place 2. The court’s website can be found here. The phone number for the court is (281)341-3742.
Precinct 2 Courthouse in the City of Missouri City
This courthouse is located at:303 Texas Pkwy #107 Missouri City, TX 77489
This courthouse handles cases for Precinct 2. The court’s website can be found here. The phone number for the court is (281)403-8080.
Precinct 3 Courthouse in the City of Katy
This courthouse is located at:22333 Grand Corner Dr, Ste 3 Katy, TX 77494
This courthouse handles cases for Precinct 3. The court’s website can be found here. The phone number for the court is (281)238-1460.
Precinct 4 Place 1 Courthouse in the City of Sugar Land
This courthouse is located at:12919 Dairy Ashford, Ste 100 Sugar Land, TX 77478