McLennan 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 McLennan 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.
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?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
What is the trial like?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. This allows the trials to be conducted in a much more informal fashion. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. A small claims court trial is much quicker, often lasting between 15-20 minutes. If a jury trial is required, the trial could last a few hours.
Where do I file my small claims court case?
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).
Can I hire an attorney?
In Texas, small claims parties generally 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. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Small Claims Court Jurisdiction
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 type of relief would be injunctive relief.
Types of Small Claims Cases
A variety of cases are handled in small claims court. 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. Small Claims actions are heard in 6 courthouses throughout McLennan County.
McLennan County Court Locations
Precinct 1 Place 1 Courthouse in the City of Waco
This courthouse is located at:501 Washington Ave, Rm 104D Waco, TX 76701-1300
Precinct 1 Place 2 Courthouse in the City of Waco
This courthouse is located at:
Precinct 2 Courthouse in the City of Waco
This courthouse is located at:929 Elm Ave Waco, TX 76704-2659
Precinct 3 Courthouse in the City of West
This courthouse is located at:P O Box 495 West, TX 76691-0495
Precinct 4 Courthouse in the City of McGregor
This courthouse is located at:307 S Madison St McGregor, TX 76657
Precinct 5 Courthouse in the City of Waco
This courthouse is located at:1800 Richter Ave, Ste A Waco, TX 76711-1949