Midland County Small Claims Court, Texas

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 specific local procedures for Midland 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.

Do I need A Lawyer?

In Texas, small claims parties generally 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).

Can I file my small claims case in Midland County?

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).

Judge

The justice of the peace for Midland County presides over small claims court actions for Midland County.

How are trials conducted?

Small claims court trials are very informal compared to a regular civil trial. This allows the trials to be conducted in a much more informal fashion. 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. It will likely be pretty quick. If a jury trial is required, the trial could last a few hours.

Types of Small Claims Cases

A variety of cases are handled in small claims court. This could be an action to get your security deposit back, or an action to recover money for damage done to your vehicle after a car accident. The only types of cases that are prohibited are an assignment of a claim (whereby you transfer your interest in a case for someone else to collect), a divorce, or a case filed by a collection agency or agents.

Can I appeal my case?

Appeals are allowed if the amount of the award exceeds $250.00.

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). Small claims parties can only recover money. You cannot seek injunctive relief. Say your landscaper breaks a sprinkler head. You can ask the court for money to replace the sprinkler head, but you cannot ask the court for an order requiring the landscaper to physically replace the sprinkler head. This type of relief would be injunctive relief. Small Claims actions are heard in 4 courthouses throughout Midland County.

Midland County Small Claims Court

Midland County Small Claims Court

Midland County Court Locations

The precinct map for Midland County can be found here.

Precinct 1 Courthouse in the City of Midland

This courthouse is located at:

400 S Main St
Midland, TX 79701-5223

This courthouse handles cases for Precinct 1. The court’s website can be found here. The phone number for the court is (432)688-4721. And you can email the court by clicking here.

Precinct 2 Courthouse in the City of Midland

This courthouse is located at:

707 W Washington
Midland, TX 79701-5223

This courthouse handles cases for Precinct 2. The court’s website can be found here. The phone number for the court is (432)688-4722. And you can email the court by clicking here.

Precinct 3 Courthouse in the City of Midland

This courthouse is located at:

400 S Main St
Midland, TX 79701-5223

This courthouse handles cases for Precinct 3. The court’s website can be found here. The phone number for the court is (432)688-4723. And you can email the court by clicking here.

Precinct 4 Courthouse in the City of Midland

This courthouse is located at:

707 W Washington
Midland, TX 79701-5223

This courthouse handles cases for Precinct 4. The court’s website can be found here. The phone number for the court is (432)688-4724. And you can email the court by clicking here.

3 comments

  1. Kimberly Smith says:

    The client I would take to small claims has an office in Claydesta.

    My office is downtown, south of the Petroleum Club.

    Can you tell me what district and if I filed in June, when would the possible hearing take place.

    Thank you

    Kimberly Smith, development resources

  2. Juan M Vasquez Jr says:

    My roommate signed a 1 Year lease with me in October 2012. In April 2013, he lost his job, and has never returned. He paid his rent for May but has not paid since June 2013. I have paid his late fees, as well as his half of the rent and utility bills through September. What are my options for taking him to small claims court. He owes me just over 3,000.00

  3. Kathy says:

    My small claims court date papers were mailed to the wrong address and we weren’t aware of the day we were to be in court and Judge ruled for the plaintiff because we weren’t there. The plaintiff’s office gave Midland Court the wrong address for us so there for we weren’t notified of the court date. How do we go about asking for a new court date due to plaintiff’s error?

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