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).
Clerk’s Role in Small Claims Court Actions
The clerk at the courthouse can be an excellent resource for your case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Liberty County. We recommend calling the clerk’s office to ensure the courthouse is open. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Are Appeals Allowed?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
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. 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.
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.
Do I need A Lawyer?
In Texas, small claims parties generally represent themselves without an attorney. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Limit (or Jurisdiction) of Small Claims Court
The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of money). The court has no authority to issue an injunctive or equitable award. For example, you could sue a dry cleaner for ruining your clothes and ask for money to replace the clothes, but you cannot ask the judge for an order for the dry cleaner to repair your clothes. This would be called injunctive relief. Liberty County Small Claims Court cases are heard in 6 courthouses in Liberty County.
A Justice of the Peace for Liberty County hears small claims court cases for Liberty County.
Liberty County Court Locations
Precinct 1 Place 1 Courthouse in the City of Liberty
This courthouse is located at:2103 Cos St Liberty, TX 77575
Precinct 2 Place 1 Courthouse in the City of Raywood
This courthouse is located at:
Precinct 3 Place 1 Courthouse in the City of Hardin
This courthouse is located at:P O Box 796 Hardin, TX 77561
Precinct 4 Place 1 Courthouse in the City of Dayton
This courthouse is located at:1300 W Clayton St Dayton, TX 77535-2469
Precinct 5 Place 1 Courthouse in the City of Cleveland
This courthouse is located at:22350 Hwy 321 Cleveland, TX 77327
Precinct 6 Place 1 Courthouse in the City of Cleveland
This courthouse is located at:304 Campbell St Cleveland, TX 77327