Small Claims Court cases for Montgomery are heard in 5 LOCATIONS throughout Montgomery County.
Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
Small Claims Court Venue
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).
Clerk’s Role in Small Claims Court Actions
The clerk is often the first person small claims court litigants interact with in their case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Montgomery 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.
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.
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 Court Jurisdiction
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. 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.
Judges for Small Claims Court Cases in Montgomery County
The justice of the peace for Montgomery County presides over small claims court actions for Montgomery County.
What is the trial like?
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. 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). A jury trial will likely last longer, probably a few hours.
Montgomery County Court Locations
Precinct 1 Place 1 Courthouse in the City of Willis
This courthouse is located at:
Precinct 2 Place 1 Courthouse in the City of Conroe
This courthouse is located at:2241 N 1st Conroe, TX 77301-1490
Precinct 3 Place 1 Courthouse in the City of The Woodlands
This courthouse is located at:1520 Lake Front Circle, Ste 100 The Woodlands, TX 77380-3664
Precinct 4 Place 1 Courthouse in the City of New Caney
This courthouse is located at:P O Box 159 New Caney, TX 77357-0159
This courthouse handles cases for Precinct 4 Place 1. The court’s website can be found here. The phone number for the court is (281)577-8970.
Precinct 5 Place 1 Courthouse in the City of Magnolia
This courthouse is located at:19100 Unity Park Dr Magnolia, TX 77355