Fayette County Small Claims Court cases are heard in 4 courthouses in Fayette County. This County serves the following locations: Carmine, Fayetteville, Flatonia, La Grange, Schulenburg, and unincorporated parts of Fayette County.
Small claims cases in Fayette County are heard in front of the justice of the peace for Fayette County.
Can I 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. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
How are trials conducted?
The trial is relatively informal compared to a normal 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. However, if a party wishes for a jury trial, it will likely last a few hours.
Are Appeals Allowed?
Appeals are allowed if the amount of the award exceeds $250.00.
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. You could only ask the court for an award of money.
Clerk’s Role in Small Claims Court Actions
We recommend contacting the 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.
Types of Cases
Small claims courts handle a wide variety of cases. 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.
Where do I file my small claims court case?
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).
La Grange Courthouse
The La Grange courthouse is located at:1646 N Jefferson St La Grange, TX 78945
The Fayetteville courthouse is located at:P O Box 458 Fayetteville, TX 78940
This courthouse is located at:P O Box A Flatonia, TX 78941
The Fayette courthouse is located at:P O Box A Flatonia, TX 78941
This courthouse is located at:312 Paulus Schulenburg, TX 78956