What can I expect at trial?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. There are no rules of evidence. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. A small claims court trial is much quicker, often lasting between 15-20 minutes. If a jury trial is required, the trial could last a few hours.
Are Appeals Allowed?
Yes, but only if the amount in controversy is in excess of $250.
Who is the judge in a Small Claims Court case?
The justice of the peace for Bandera County presides over small claims court actions for Bandera County. Small Claims Court cases for Bandera are heard in 4 LOCATIONS throughout Bandera County.
Where do I file my small claims court case?
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).
Bandera County Court Clerk
We recommend contacting the Bandera 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.
Types of Cases
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.
Limit (or Jurisdiction) of Small Claims Court
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Small claims parties can only recover money. You are unable to seek injunctive or equitable relief. For example, if you pay a painter $1,000 to paint your house and the painter does not even begin, you cannot ask the court to issue an order for the painter to paint your house. This would be called injunctive relief.
Do I need A Lawyer?
In Texas, small claims parties generally represent themselves without an attorney. This is largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Bandera County Court Locations
Precinct 1 Courthouse in the City of Bandera
This courthouse is located at:
Precinct 2 Courthouse in the City of Lakehills
This courthouse is located at:9155 FM 1283 Lakehills, TX 78063
Precinct 3 Courthouse in the City of Medina
This courthouse is located at:P O Box 1557 Medina, TX 78055-1557
Precinct 4 Courthouse in the City of Bandera
This courthouse is located at:P O Box 1043 Bandera, TX 78003-1043