Midland County Small Claims Court, Texas

Types of Cases

Small claims courts handle a wide variety of cases. From a security deposit on a rental to a motor vehicle accident. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.

Clerk’s Role in Small Claims Court Actions

The clerk at the courthouse can be an excellent resource for your case. 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.

Judges for Small Claims Court Cases in Midland County

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

Can I appeal my case?

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

What can I expect at trial?

Small claims court trials are very informal compared to a regular civil trial. 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. It will likely be pretty quick. If a jury trial is required, the trial could last a few hours. Small Claims actions are heard in 4 courthouses throughout Midland County.

Midland County Small Claims Court

Midland County Small Claims Court

Can I file my small claims case in Midland County?

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).

Limit (or Jurisdiction) of Small Claims Court

A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Small claims parties can only recover money. You are unable to seek injunctive or equitable relief. 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 would be called injunctive relief.

Can I hire an attorney?

You are allowed to hire an attorney (Texas Government Code Section 28.003), however, most small claims court parties choose to represent themselves. 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).

Midland County Court Locations

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)688-4741. 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.

5 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?

  4. Tim Holt says:

    What type of claim do I need to file for a remodel gone bad? The dollar amount is $26,000. I just need help in the right direction.

  5. Dy'Lan Browdee says:

    YES, I SENT FEES AND SMALL CLAIMS PACKET BUS MAIL, MAY 14, 2019 TUESDAY. THERE HAS BEEN NO INFORMATION, PHONE CALL, OR EMAIL IN RESPONSE TO ME. CAN I GET SOME FOLLOW UP INFORMATION AND IT CONTACT IN TH IS MATTER PLEASE?

Leave a Reply

Your email address will not be published. Required fields are marked *