McCulloch County Small Claims Court cases are heard in 1 courthouses in McCulloch County. This County serves the following locations: Madisonville, Midway, North Zulch, and unincorporated parts of Madison County.
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. 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. However, if a party wishes for a jury trial, it will likely last a few hours.
Are there appeals in small claims court?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Small Claims Court Jurisdiction
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. You are unable to seek injunctive or equitable relief. Say your landscaper breaks a sprinklerhead. You can ask the court for money to replace the sprinklerhead, but you cannot ask the court for an order requiring the landscaper to physically replace the sprinklerhead. This would be called injunctive relief.
Types of 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.
Where do I file my small claims court case?
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).
Do I need to 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).
Judges for Small Claims Court Cases in McCulloch County
Small claims cases in McCulloch County are heard in front of the justice of the peace for McCulloch County.
Small Claims Court Clerk
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 specfic local procedures for McCulloch County. We recommend calling the clerk’s office to ensure the courthouse is open. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
This courthouse handles cases for Countywide. This courthouse handles cases for Countywide. The court’s website is can be found here. This court can be reached at (325)597-8000. And you can email the court by clicking here.