Are there appeals in small claims court?
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. 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.
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).
Do I need to hire an Attorney?
In Texas, small claims parties generally 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). Small Claims actions are heard in 4 courthouses throughout Comal County.
What is the trial like?
Small claims court trials are very informal compared to a regular civil trial. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. It will likely be pretty quick. If a jury trial is required, the trial could last a few hours.
Small Claims Court Jurisdiction
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, 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. You could only ask the court for an award of money.
Judges for Small Claims Court Cases in Comal County
Small claims cases in Comal County are heard in front of the justice of the peace for Comal County.
Comal County Court Clerk
We recommend contacting the Comal 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. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Comal County Court Locations
Precinct 1 Courthouse in the City of New Braunfels
This courthouse is located at:145 David Jonas Dr New Braunfels, TX 78132
Precinct 2 Courthouse in the City of Bulverde
This courthouse is located at:30470 Cougar Bend Bulverde, TX 78163-0046
Precinct 3 Courthouse in the City of New Braunfels
This courthouse is located at:3079 W San Antonio New Braunfels, TX 78130-5166
Precinct 4 Courthouse in the City of Canyon Lake
This courthouse is located at:P O Box 2038 Canyon Lake, TX 78133-0023