Where do I file my small claims court case?
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). Small Claims actions are heard in 2 courthouses throughout Garza County.
Types of Small Claims Cases
A variety of cases are handled 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. 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.
Do I need to hire an Attorney?
Small claims court litigants in Texas normally represent themselves without an attorney. This is largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. However, you are allowed to retain one if you choose.
Small Claims Court Clerk
We recommend contacting the Garza 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. While the clerk can help you with procedural issues, the clerk is not able to give legal advice. They will direct you to an attorney if answering your question would require that.
How are trials conducted?
The trial is relatively informal compared to a normal trial. There are no rules of evidence. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. It will likely be pretty quick. A jury trial will likely last longer, probably a few hours.
Judges for Small Claims Court Cases in Garza County
A Justice of the Peace for Garza County hears small claims court cases for Garza County.
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). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of money). You cannot seek injunctive relief. 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 would be called injunctive relief.
Can I appeal my case?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Garza County Court Locations
The precinct map for Garza County can be found here.
Precinct 1 Place 1 Courthouse in the City of Post
This courthouse is located at:300 W Main Annex Post, TX 79356-3242
Precinct 2 Place 1 Courthouse in the City of Post
This courthouse is located at:300 W Main Annex Bldg Post, TX 79356-3242