Limit (or Jurisdiction) of 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. The court has no authority to issue an injunctive or equitable award. 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 would be called injunctive relief.
Judges for Small Claims Court Cases in Goliad County
Small claims cases in Goliad County are heard in front of the justice of the peace for Goliad County.
Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
How are trials conducted?
Small claims court trials are very informal compared to a regular civil 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. However, if a party wishes for a jury trial, it will likely last a few hours.
Where do I file my small claims court case?
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).
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. 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 A Lawyer?
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). Small Claims Court cases for Goliad are heard in 2 LOCATIONS throughout Goliad County.
Small Claims Court Clerk
The clerk is often the first person small claims court litigants interact with in their case. 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.
Goliad County Court Locations
The precinct map for Goliad County can be found here.
Precinct 1 Courthouse in the City of Goliad
This courthouse is located at:P O Box 678 Goliad, TX 77963-0678
This courthouse handles cases for Precinct 1. The court’s website can be found here. The phone number for the court is (361)645-3663.
Precinct 2 Courthouse in the City of Goliad
This courthouse is located at:P O Box 25 Goliad, TX 77963-0025