Small Claims Court Clerk
The clerk is often the first person small claims court litigants interact with in their 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.
Are there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250.
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 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). Small Claims actions are heard in 5 courthouses throughout Travis County.
Where do I file my small claims court case?
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).
Judges for Small Claims Court Cases in Travis County
Small claims cases in Travis County are heard in front of the justice of the peace for Travis County.
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. 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.
What is the trial like?
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. 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. If a jury trial is required, the trial could last a few hours.
Small Claims Court Case Types
A variety of cases are handled in small claims court. 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.
Travis County Court Locations
Precinct 1 Place 1 Courthouse in the City of Austin
This courthouse is located at:
4717 Heflin Ln, #107 Austin, TX 78721This courthouse handles cases for Precinct 1 Place 1. The court’s website can be found here. The phone number for the court is (512)854-7700. And you can email the court by clicking here.
Precinct 2 Place 1 Courthouse in the City of Austin
This courthouse is located at:
10409 Burnet Rd, Ste 180 Austin, TX 78758-4427This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (512)854-4545. And you can email the court by clicking here.
Precinct 3 Place 1 Courthouse in the City of Austin
This courthouse is located at:
8656B W Hwy 71, Ste 100 Austin, TX 78735-8004This courthouse handles cases for Precinct 3 Place 1. The court’s website can be found here. The phone number for the court is (512)854-6763. And you can email the court by clicking here.
Precinct 4 Place 1 Courthouse in the City of Austin
This courthouse is located at:
4011 McKinney Falls Pkwy, Ste 1200 Austin, TX 78744This courthouse handles cases for Precinct 4 Place 1. The court’s website can be found here. The phone number for the court is (512)854-9478. And you can email the court by clicking here.
Precinct 5 Place 1 Courthouse in the City of Austin
This courthouse is located at:
1000 Guadalupe, Rms 112 Austin, TX 78701This courthouse handles cases for Precinct 5 Place 1. The court’s website can be found here. The phone number for the court is (512)854-9049. And you can email the court by clicking here.
My daughter filed a small claims case and was awarded. Now she is telling me that Austin will not file a lien or restriction against the defendent due to non payment. The defendent has made no effort to make payment since the finalization at the beginning of May. Thank you. Who would want to file a claim if there is no reason of settlement? Lisa
I need to file a claim in small claims court. Both parties live in the 78734 zip code, where should I file ?
thanks,
We have called the police 3 times because of a situation about 2 dogs breaking our property the police has talked to the owners and the owners havent done or payed none of the broken stuff we dont know what to do anymore can you tell us what might help with this situation Please Sincerely Lizbette
Hello, my wife and 3 children wanted to expand our kitchen to meet our demands. We saved $5,000 for a downpayment the contractor required. He took our money and cashed the check 3 months ago after an ongoing slew of procrastinating remarks. Now he won’t answer our calls or emails. His name is Jim Anderson under Anderson’s Contracting and Remodeling based out of Austin TX. We have an invoice he left us, and the copy of the cashed check. If he hasn’t skipped town can we get our money back, plus the value of the damaged windows he asked us to get and cover for a week?
Azgad Crisotomo
Where you ever able to get your money back? I’m in a similar situation….
Dear Sir or Madam
I am trying to get my rent deposit from the landlord. He keeps saying he will give me the check, but he never does that. Now one and a half month has passed. It seems I have to sue him in the small claims court of Austin. But I cannot find the address and the telephone number to start. I tried many times the phone numbers of travis/Austin small claim court website, none of the telephone ever answers me.
I would appreciate it very much that you can give a telephone number or an address for me to start. Thank you.
I need help on due a lady that walk away whit my money
I am interested in filing a small claims against direct TV for unauthorized charges made to my credit card. They are contending that the charges were for cancellation fees whereas the cancellation was made by their own customer service representative and was involuntary on my part. I have made several attempt to resolve this issue and spent numerous hours on the phone to no avail
I had a layaway with discount furniture Muebleria Alex. website http://www.furnituredude.com. I paid 1250.00 out of 1400.00 and the store closed without notification. I have e-mailed them and no response. phone # is not working. How can I go about getting my money back if any. thank you. the store zip code is 78752 and mine is 78660