How are trials conducted?
Small claims court trials are very informal compared to a regular civil 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. It will likely be pretty quick. However, if a party wishes for a jury trial, it will likely last a few hours. Small Claims Court cases for Webb are heard in 6 LOCATIONS throughout Webb County.
Are Appeals Allowed?
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). Additionally, a small claims court plaintiff can only ask the court for monetary relief. The court has no authority to issue an injunctive or equitable award. 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 type of relief would be injunctive relief.
Small Claims Court Venue
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).
Types of 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.
Who is the judge in a Small Claims Court case?
Small claims cases in Webb County are heard in front of the justice of the peace for Webb County.
Do I need A Lawyer?
Small claims court litigants in Texas normally 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).
Webb County Court Clerk
We recommend contacting the Webb 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. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Webb County Court Locations
The precinct map for Webb County can be found here.
Precinct 1 Place 1 Courthouse in the City of Laredo
This courthouse is located at:1110 Victoria, Ste 106 Laredo, TX 78042
Precinct 1 Place 2 Courthouse in the City of Laredo
This courthouse is located at:1110 Victoria, Ste 103 Laredo, TX 78040
Precinct 2 Place 1 Courthouse in the City of Laredo
This courthouse is located at:901 S Milmo Laredo, TX 78043
This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (956)721-2502.
Precinct 2 Place 2 Courthouse in the City of Laredo
This courthouse is located at:901 S Milmo, 2nd Fl Laredo, TX 78041
This courthouse handles cases for Precinct 2 Place 2. The court’s website can be found here. The phone number for the court is (956)791-6263.
Precinct 3 Place 1 Courthouse in the City of Oilton
This courthouse is located at:P O Box 55 Oilton, TX 78371
Precinct 4 Place 1 Courthouse in the City of Laredo
This courthouse is located at:8501 San Dario Dr Laredo, TX 78045-7291