Clerk’s Role in Small Claims Court Actions
The clerk is often the first person small claims court litigants interact with in their 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.
How are trials conducted?
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. Trials generally are pretty short (15-20 minutes). A jury trial will likely last longer, probably a few hours.
Who is the judge in a Small Claims Court case?
A Justice of the Peace for Robertson County hears small claims court cases for Robertson County. Robertson County Small Claims Court cases are heard in 4 courthouses in Robertson County.
Can I file my small claims case in Robertson County?
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. 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).
Types of Cases
Small claims courts handle a wide variety of cases. From a security deposit on a rental to a motor vehicle 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 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 are unable to seek injunctive or equitable 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 would be called injunctive relief.
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
Robertson County Court Locations
The precinct map for Robertson County can be found here.
Precinct 1 Courthouse in the City of Calvert
This courthouse is located at:P O Box 308 Calvert, TX 77837
Precinct 2 Place 1 Courthouse in the City of Hearne
This courthouse is located at:P O Box 282 Hearne, TX 77859
Precinct 3 Place 1 Courthouse in the City of Franklin
This courthouse is located at:P O Box 432 Franklin, TX 77856
Precinct 4 Place 1 Courthouse in the City of Bremond
This courthouse is located at:P O Box J Bremond, TX 76629