Small Claims Court Venue
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). Small Claims actions are heard in 2 courthouses throughout De Witt County.
Who is the judge in a Small Claims Court case?
Small claims cases in De Witt County are heard in front of the justice of the peace for De Witt County.
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. 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.
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).
De Witt County 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 De Witt County. We recommend calling the clerk’s office to ensure the courthouse is open. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
What can I expect at trial?
The trial is relatively informal compared to a normal trial. 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.
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
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. 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.
De Witt County Court Locations
The precinct map for De Witt County can be found here.
Precinct 1 Place 1 Courthouse in the City of Cuero
This courthouse is located at:208 E Live Oak, Ste D Cuero, TX 77954
Precinct 2 Place 1 Courthouse in the City of Yorktown
This courthouse is located at:P O Box 336 Yorktown, TX 78164-0336