Small Claims Court Clerk
The clerk at the courthouse can be an excellent resource for your case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Comal 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. 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. The only types of cases that are prohibited are an assignment of a claim (whereby you transfer your interest in a case for someone else to collect), a divorce, or a case filed by a collection agency or agents.
Where do I file my small claims court case?
In order to follow correct procedure, a small claims case needs to be filed in the proper county and precinct. In Texas, the action is filed in the County and Precinct where the defendants reside or where a contract was to be performed. (Government Code Section 28.011).
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. 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. If a jury trial is required, the trial could last a few hours.
Can I file my case in small claims court?
You cannot demand or ask for more than $10,000 in a small claims court case. (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. 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. Comal County Small Claims Court cases are heard in 4 courthouses in Comal County.
Small claims cases in Comal County are heard in front of the justice of the peace for Comal County.
Are Appeals Allowed?
Yes, but only if the amount in controversy is in excess of $250.
Do I need to hire an Attorney?
In Texas, small claims parties generally represent themselves without an attorney. The reasoning behind this is because the amount is $10,000 or less, hiring an attorney becomes cost prohibitive. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Comal County Court Locations
The precinct map for Comal County can be found here.
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:P O Box 250 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