The justice of the peace for Live Oak County presides over small claims court actions for Live Oak County.
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).
Live Oak County Court Clerk
The clerk is often the first person small claims court litigants interact with in their case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Live Oak County. We recommend calling the clerk’s office to ensure the courthouse is open. 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.
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). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of money). You are unable to seek injunctive or equitable 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. You could only ask the court for an award of money.
What can I expect at trial?
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. A small claims court trial is much quicker, often lasting between 15-20 minutes. However, if a party wishes for a jury trial, it will likely last a few hours.
Types of Cases
Most cases for the recovery of money can be heard 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. Live Oak County Small Claims Court cases are heard in 4 courthouses in Live Oak County.
Can I hire an attorney?
Small claims court litigants in Texas normally represent themselves without an attorney. The reasoning behind this is because the amount is $10,000 or less, hiring an attorney becomes cost prohibitive. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Are Appeals Allowed?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Live Oak County Court Locations
Precinct 1 Courthouse in the City of George West
This courthouse is located at:P O Box 1405 George West, TX 78022
Precinct 2 Place 1 Courthouse in the City of George West
This courthouse is located at:P O Box 255 George West, TX 78022
This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (361)449-8063 – ext. 1062 .
Precinct 3 Place 1 Courthouse in the City of George West
This courthouse is located at:P O Box 1826 George West, TX 78022
Precinct 4 Place 1 Courthouse in the City of George West
This courthouse is located at:P O Box 535 George West, TX 78022-0535