McLennan County Small Claims Court cases are heard in 8 courthouses in McLennan County. This County serves the following locations: Jefferson, and unincorporated parts of Marion County.
Do I need to hire an Attorney?
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).
Where do I file my small claims court case?
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).
Small Claims Court Clerk
We recommend contacting the court clerk before proceeding down to the courthouse to file your action. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
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.
Judges for Small Claims Court Cases in McLennan County
Small claims cases in McLennan County are heard in front of the justice of the peace for McLennan County.
Are there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250.
How are trials conducted?
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.
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). 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. You could only ask the court for an award of money.
The Waco courthouse is located at:501 Washington Ave, Rm 104D Waco, TX 76701-1300
The McLennan courthouse is located at:501 Washington Ave, Rm 104D Waco, TX 76701-1300
This courthouse is located at:501 Washington Ave, Rm 108 Waco, TX 76701-1327
This courthouse handles cases for Precinct 2. The McLennan courthouse is located at:410 Texas Ave, P O Box 112 Mart, TX 76664-0112
This courthouse is located at:P O Box 495 West, TX 76691-0495
China Spring Courthouse
The China Spring courthouse is located at:13341 China Spring Rd China Spring, TX 76633
This courthouse handles cases for Precinct 5. The McLennan courthouse is located at:307 S Madison St McGregor, TX 76657
This courthouse handles cases for Precinct 7. This courthouse handles cases for Precinct 7. The website is located here. This court can be reached at (254)752-9353. You can also contact the court via email by clicking here.
The Waco courthouse is located at:1800 Richter Ave, Ste A Waco, TX 76711-1949