Types of Cases
A variety of cases are handled in small claims court. Cases include damages from an automobile accident, a security deposit from a landlord, or breach of a contract. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
How are trials conducted?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. 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. Trials generally are pretty short (15-20 minutes). A jury trial will likely last longer, probably a few hours.
Can I file my case in small claims court?
You cannot demand or ask for more than $10,000 in a small claims court case. (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. 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 Lee County
A Justice of the Peace for Lee County hears small claims court cases for Lee County.
Do I need A Lawyer?
Small claims court litigants in Texas normally 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. However, you are allowed to retain one if you choose.
Lee County 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. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
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 3 courthouses throughout Lee County.
Small Claims Court Venue
In order to follow correct procedure, a small claims case needs to be filed in the proper county and precinct. In Texas, the action is filed in the County and Precinct where the defendants reside or where a contract was to be performed. (Government Code Section 28.011).
Lee County Court Locations
The precinct map for Lee County can be found here.
Precinct 2 Place 1 Courthouse in the City of Giddings
This courthouse is located at:200 S Main St, Rm 114 Giddings, TX 78942
This courthouse handles cases for Precinct 2 Place 1. The phone number for the court is (979)542-3030. And you can email the court by clicking here.
Precinct 3 Place 1 Courthouse in the City of Lexington
This courthouse is located at:P O Box 587 Lexington, TX 78947
Precinct 4 Place 1 Courthouse in the City of Dime Box
This courthouse is located at:P O Box 141 Dime Box, TX 77853
This courthouse handles cases for Precinct 4 Place 1. The court’s website can be found here. The phone number for the court is (979)884-4001.