Small Claims Court Clerk
We recommend contacting the Grimes County court clerk before proceeding down to the courthouse to file your action. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. 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.
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. However, small claims court cannot handle assignments of claims (where one person transfers their interest in an action to another), a divorce proceedings, and cases filed by collection agencies or agents.
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. If a jury trial is required, the trial could last a few hours. Small Claims actions are heard in 3 courthouses throughout Grimes County.
Judges for Small Claims Court Cases in Grimes County
A Justice of the Peace for Grimes County hears small claims court cases for Grimes 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). 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. You could only ask the court for an award of money.
Can I hire an attorney?
You are allowed to hire an attorney (Texas Government Code Section 28.003), however, most small claims court parties choose to represent themselves. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. However, you are allowed to retain one if you choose.
Small Claims Court Venue
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).
Grimes County Court Locations
Precinct 1 Place 1 Courthouse in the City of Iola
This courthouse is located at:P O Box 450 Iola, TX 77861-0450
Precinct 2 Place 1 Courthouse in the City of Anderson
This courthouse is located at:P O Box 266 Anderson, TX 77830-0266
Precinct 3 Place 1 Courthouse in the City of Navasota
This courthouse is located at:P O Box 828 Navasota, TX 77868-0828