Clerk’s Role in Small Claims Court Actions
We recommend contacting the Brazoria County court clerk before proceeding down to the courthouse to file your action. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Brazoria County. We recommend calling the clerk’s office to ensure the courthouse is open. While the clerk can help you with procedural issues, the clerk is not able to give legal advice. They will direct you to an attorney if answering your question would require that.
Can I file my case in small claims court?
You cannot demand or ask for more than $10,000 in a small claims court case. (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. 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.
Are there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250. Brazoria County Small Claims Court cases are heard in 8 courthouses in Brazoria County.
The justice of the peace for Brazoria County presides over small claims court actions for Brazoria County.
Do I need to hire an Attorney?
Small claims court litigants in Texas normally represent themselves without an attorney. 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).
Where do I file my small claims court case?
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).
Small Claims Court Case Types
A variety of cases are handled in small claims court. Cases include damages from an automobile accident, a security deposit from a landlord, or breach of a contract. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
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. 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. Trials generally are pretty short (15-20 minutes). However, if a party wishes for a jury trial, it will likely last a few hours.
Brazoria County Court Locations
Precinct 1 Place 1 Courthouse in the City of Lake Jackson
This courthouse is located at:309 Plantation Lake Jackson, TX 77566-6142
Precinct 1 Place 2 Courthouse in the City of Freeport
This courthouse is located at:210 A W 1st St Freeport, TX 77541
Precinct 2 Place 1 Courthouse in the City of Manvel
This courthouse is located at:
Precinct 2 Place 2 Courthouse in the City of Angleton
This courthouse is located at:111 E Locust, Rm 110 Angleton, TX 77515
Precinct 3 Place 1 Courthouse in the City of Alvin
This courthouse is located at:260 George St, Ste 100 Alvin, TX 77511
Precinct 3 Place 2 Courthouse in the City of Pearland
This courthouse is located at:2436 S Grand Blvd, Ste 110 Pearland, TX 77581-4267
Precinct 4 Place 1 Courthouse in the City of Manvel
This courthouse is located at:3633 CR 58 Manvel, TX 77578-2920
Precinct 4 Place 2 Courthouse in the City of West Columbia
This courthouse is located at:121 N 10th St West Columbia, TX 77486