Garza County Small Claims Court, Texas

Can I file my small claims case in Garza 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).

Limit (or Jurisdiction) of Small Claims Court

A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Small claims parties can only recover money. You are unable to seek injunctive or equitable 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 type of relief would be injunctive relief.

How are trials conducted?

The trial is relatively informal compared to a normal 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 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

Most cases for the recovery of money can be heard 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. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.

Can I 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. However, you are allowed to retain one if you choose.

Are there appeals in small claims court?

Appeals are allowed if the amount of the award exceeds $250.00. Small Claims actions are heard in 2 courthouses throughout Garza County.

Garza County Small Claims Court

Garza County Small Claims Court

Judges for Small Claims Court Cases in Garza County

The justice of the peace for Garza County presides over small claims court actions for Garza County.

Garza County 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. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.

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 Bldg
Post, TX 79356-3242

This courthouse handles cases for Precinct 1 Place 1. The court’s website can be found here. The phone number for the court is (806)495-4410. And you can email the court by clicking here.

Precinct 2 Place 1 Courthouse in the City of Post

This courthouse is located at:

300 W Main Annex Bldg
Post, TX 79356-3242

This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (806)495-4420. And you can email the court by clicking here.

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