Small Claims actions are heard in 4 courthouses throughout Victoria County. This County serves the following places: Ben Wheeler, Canton, Edgewood, Edom, Fruitvale, Grand Saline, Van, Wills Point, and unincorporated parts of Van Zandt County.
Small Claims Court Case Types
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 Venue
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).
Do I need A Lawyer?
In Texas, small claims parties generally 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).
What can I expect at trial?
Small claims court trials are very informal compared to a regular civil trial. There are no rules of evidence. 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. A small claims court trial is much quicked, often lasting between 15-20 minutes. A jury trial will likely last longer, probably a few hours.
Clerk’s Role in Small Claims Court Actions
We recommend contacting the 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.
A Justice of the Peace for Victoria County hears small claims court cases for Victoria County.
Are there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250.
Can I file my case in small claims court?
The plaintiff’s demand for money cannot exceed $10,000. (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 running 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.
The Victoria courthouse is located at:3506 N Ben Wilson, Ste E Victoria, TX 77901-7227
This courthouse is located at:6605-C N Navarro St Victoria, TX 77904-1545
The Victoria courthouse is located at:6605-C N Navarro St Victoria, TX 77904-1545
This courthouse is located at:111-A N Glass Victoria, TX 77901-6544
The Victoria courthouse is located at:2604 E Mockingbird, Ste C Victoria, TX 77904