Garza County Small Claims Court, Texas

Clerk’s Role in Small Claims Court Actions

The clerk at the courthouse can be an excellent resource for your case. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.

Small Claims Court Case Types

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. 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?

In Texas, small claims parties generally 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. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).

Judge

Small claims cases in Garza County are heard in front of the justice of the peace for Garza County.

Can I appeal my case?

Yes, but only if the amount in controversy is in excess of $250.

Limit (or Jurisdiction) of Small Claims Court

A plaintiff cannot demand more than $10,000 in their action. (Texas 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. 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.

What is the trial like?

The trial is relatively informal compared to a normal trial. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand 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 actions are heard in 2 courthouses throughout Garza County.

Garza County Small Claims Court

Garza County Small Claims Court

Where do I file my small claims court case?

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).

Garza County Court Locations

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.

Leave a Reply

Your email address will not be published. Required fields are marked *