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).
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. However, you are allowed to retain one if you choose. Small Claims actions are heard in 4 courthouses throughout Victoria County.
Small Claims Court Clerk
We recommend contacting the Victoria 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. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
What can I expect at trial?
The trial is relatively informal compared to a normal trial. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. 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 quicker, often lasting between 15-20 minutes. However, if a party wishes for a jury trial, it will likely last a few hours.
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). Additionally, a small claims court plaintiff can only ask the court for monetary relief. You are unable to seek injunctive or equitable 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 type of relief would be injunctive relief.
Are Appeals Allowed?
Yes, but only if the amount in controversy is in excess of $250.
Small Claims Court Case Types
Most cases for the recovery of money can be heard in small claims court. From a security deposit on a rental to a motor vehicle accident. However, small claims court cannot handle assignments of claims (where one person transfers their interest in an action to another), a divorce proceedings, and cases filed by collection agencies or agents.
Who is the judge in a Small Claims Court case?
Small claims cases in Victoria County are heard in front of the justice of the peace for Victoria County.
Victoria County Court Locations
Precinct 1 Courthouse in the City of Victoria
This courthouse is located at:704 N Goldman St Victoria, TX 77901-6913
This courthouse handles cases for Precinct 1. The court’s website can be found here. The phone number for the court is (361)573-0836.
Precinct 2 Courthouse in the City of Victoria
This courthouse is located at:4407 Lilac Ln Victoria, TX 77901-2626
Precinct 3 Courthouse in the City of Victoria
This courthouse is located at:111-A N Glass Victoria, TX 77901-6544
Precinct 4 Courthouse in the City of Victoria
This courthouse is located at:2604 E Mockingbird, Ste C Victoria, TX 77904