The justice of the peace for Lampasas County presides over small claims court actions for Lampasas County.
Small Claims Court Clerk
The clerk at the courthouse can be an excellent resource for your 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.
Are there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250.
Small Claims Court Venue
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
Small claims courts handle a wide variety of cases. From a security deposit on a rental to a motor vehicle accident. Under Texas law, collections cases and claim assignments cannot be heard in small claims court. Small Claims Court cases for Lampasas are heard in 3 LOCATIONS throughout Lampasas County.
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. 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.
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. If a jury trial is required, the trial could last a few hours.
Small Claims Court Jurisdiction
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. 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.
Lampasas County Court Locations
The precinct map for Lampasas County can be found here.
Precinct 1 Place 1 Courthouse in the City of Lampasas
This courthouse is located at:P O Box 412 Lampasas, TX 76550-0412
Precinct 2 & 3 Place 1 Courthouse in the City of Lometa
This courthouse is located at:P O Box 96 Lometa, TX 76853-0190
Precinct 4 Place 1 Courthouse in the City of Kempner
This courthouse is located at:P O Box 66 Kempner, TX 76539-0066