Small Claims Court Clerk
The clerk is often the first person small claims court litigants interact with in their case. 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.
Small Claims Court Jurisdiction
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of money). 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 would be called injunctive relief.
Can I file my small claims case in McCulloch County?
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).
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. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Who is the judge in a Small Claims Court case?
The justice of the peace for McCulloch County presides over small claims court actions for McCulloch County.
How are trials conducted?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. 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. A jury trial will likely last longer, probably a few hours. McCulloch County Small Claims Court cases are heard in 1 courthouses in McCulloch County.
Can I appeal my case?
Yes, but only if the amount in controversy is in excess of $250.
Types of Cases
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.
McCulloch County Court Locations
Countywide Courthouse in the City of Brady
This courthouse is located at:104 N College Brady, TX 76825
This courthouse handles cases for Countywide. The court’s website can be found here. The phone number for the court is (325)597-2400 – ext. 1 .