Small Claims Court Jurisdiction
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. 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.
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. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Who is the judge in a Small Claims Court case?
The justice of the peace for Nueces County presides over small claims court actions for Nueces County.
Can I file my small claims case in Nueces 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).
What can I expect at trial?
The trial is relatively informal compared to a normal trial. This allows the trials to be conducted in a much more informal fashion. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. Trials generally are pretty short (15-20 minutes). However, if a party wishes for a jury trial, it will likely last a few hours. Small Claims actions are heard in 9 courthouses throughout Nueces County.
Types of Small Claims Cases
Most cases for the recovery of money can be heard 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.
Small Claims Court Clerk
The clerk at the courthouse can be an excellent resource for your case. The clerk is an excellent resource for the procedure for small claims court cases in Texas but also any procedures specific to that County or courthouse. It is recommended that you contact the clerk’s office to ensure the courthouse is open during the hours you want to visit. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Are Appeals Allowed?
Appeals are allowed if the amount of the award exceeds $250.00.
Nueces County Court Locations
Precinct 1 Place 1 Courthouse in the City of Corpus Christi
This courthouse is located at:901 Leopard, Ste 116 Corpus Christi, TX 78401
Precinct 1 Place 2 Courthouse in the City of Corpus Christi
This courthouse is located at:901 Leopard, Ste 115 Corpus Christi, TX 78401
Precinct 1 Place 3 Courthouse in the City of Corpus Christi
This courthouse is located at:
Precinct 2 Place 1 Courthouse in the City of Corpus Christi
This courthouse is located at:4626 Weber Rd, Ste 300 Corpus Christi, TX 78411-3542
Precinct 2 Place 2 Courthouse in the City of Corpus Christi
This courthouse is located at:10110 Compton Rd Corpus Christi, TX 78418
Precinct 3 Courthouse in the City of Bishop
This courthouse is located at:P O Box 27 Bishop, TX 78343-0027
This courthouse handles cases for Precinct 3. The court’s website can be found here. The phone number for the court is (361)584-2411.
Precinct 4 Place 1 Courthouse in the City of Port Aransas
This courthouse is located at:P O Box 133 Port Aransas, TX 78373
Precinct 5 Place 1 Courthouse in the City of Robstown
This courthouse is located at:710 E Main Robstown, TX 78380
This courthouse handles cases for Precinct 5 Place 1. The court’s website can be found here. The phone number for the court is (361)767-5205.
Precinct 5 Place 2 Courthouse in the City of Agua Dulce
This courthouse is located at:P O Box 387 Agua Dulce, TX 78330-0387