Can I file my case in 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 cannot seek injunctive 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.
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). Milam County Small Claims Court cases are heard in 4 courthouses in Milam County.
Types of Small Claims Cases
Small claims courts handle a wide variety of cases. 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. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
How are trials conducted?
The trial is relatively informal compared to a normal trial. There are no rules of evidence. 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. A jury trial will likely last longer, probably a few hours.
Judges for Small Claims Court Cases in Milam County
A Justice of the Peace for Milam County hears small claims court cases for Milam County.
Clerk’s Role in Small Claims Court Actions
We recommend contacting the Milam County 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.
Do I need A Lawyer?
Small claims court litigants in Texas normally 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).
Milam County Court Locations
Precinct 1 Place 1 Courthouse in the City of Cameron
This courthouse is located at:512 N Jefferson, Ste C Cameron, TX 76520-0006
This courthouse handles cases for Precinct 1 Place 1. The court’s website can be found here. The phone number for the court is (254)697-7004.
Precinct 2 Place 1 Courthouse in the City of Cameron
This courthouse is located at:512 N Jefferson, Ste D Cameron, TX 76520-2434
Precinct 3 Place 1 Courthouse in the City of Rockdale
This courthouse is located at:313 N Main Rockdale, TX 76556-0101
Precinct 4 Place 1 Courthouse in the City of Thorndale
This courthouse is located at:P O Box 337 Thorndale, TX 76577-0337