Can I file my small claims case in Burnet County?
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).
How are trials conducted?
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. It will likely be pretty quick. However, if a party wishes for a jury trial, it will likely last a few hours.
Types of Cases
A variety of cases are handled 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. 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.
Small Claims Court Clerk
We recommend contacting the Burnet 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. 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.
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. The court has no authority to issue an injunctive or equitable award. 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.
Can I 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. However, you are allowed to retain one if you choose.
Who is the judge in a Small Claims Court case?
Small claims cases in Burnet County are heard in front of the justice of the peace for Burnet County. Small Claims actions are heard in 4 courthouses throughout Burnet County.
Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
Burnet County Court Locations
Precinct 1 Place 1 Courthouse in the City of Burnet
This courthouse is located at:
Precinct 2 Place 1 Courthouse in the City of Burnet
This courthouse is located at:220 S Pierce St, Ste 105 Burnet, TX 78611-3136
Precinct 3 Place 1 Courthouse in the City of Marble Falls
This courthouse is located at:810 Steve Hawkins Pkwy, Box 2 Marble Falls, TX 78654
Precinct 4 Place 1 Courthouse in the City of Marble Falls
This courthouse is located at:810 Steve Hawkins Pkwy, Box 4 Marble Falls, TX 78654