Fayette County Small Claims Court, Texas

Who is the judge in a Small Claims Court case?

Small claims cases in Fayette County are heard in front of the justice of the peace for Fayette County.

What is the trial like?

The trial is relatively informal compared to a normal trial. There are no rules of evidence. 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. Trials generally are pretty short (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. Small Claims actions are heard in 4 courthouses throughout Fayette County.

Fayette County Small Claims Court

Fayette County Small Claims Court

Can I hire an attorney?

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. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).

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. 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.

Small Claims Court Clerk

The clerk at the courthouse can be an excellent resource for your case. 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.

Can I file my small claims case in Fayette County?

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).

Limit (or Jurisdiction) of Small Claims Court

A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of money). You are unable to seek injunctive or equitable relief. Say your landscaper breaks a sprinkler head. You can ask the court for money to replace the sprinkler head, but you cannot ask the court for an order requiring the landscaper to physically replace the sprinkler head. This would be called injunctive relief.

Fayette County Court Locations

The precinct map for Fayette County can be found here.

Precinct 1 Place 1 Courthouse in the City of La Grange

This courthouse is located at:

1646 N Jefferson St
La Grange, TX 78945

This courthouse handles cases for Precinct 1 Place 1. The court’s website can be found here. The phone number for the court is (979)968-3648. And you can email the court by clicking here.

Precinct 2 Place 1 Courthouse in the City of Fayetteville

This courthouse is located at:

P O Box 458
Fayetteville, TX 78940-0458

This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (979)378-2573. And you can email the court by clicking here.

Precinct 3 Place 1 Courthouse in the City of Flatonia

This courthouse is located at:

P O Box A
Flatonia, TX 78941

This courthouse handles cases for Precinct 3 Place 1. The court’s website can be found here. The phone number for the court is (361)865-3500. And you can email the court by clicking here.

Precinct 4 Place 1 Courthouse in the City of Schulenburg

This courthouse is located at:

312 Paulus St
Schulenburg, TX 78956

This courthouse handles cases for Precinct 4 Place 1. The court’s website can be found here. The phone number for the court is (979)743-4041.

One comment

  1. Darla Blaha says:

    A person who lives in Schulenburg owes me a remaining balance on some furniture they purchased from me in May 2013. They were to pay me in two installments within a month of taking the furniture from my home. The total amount was for $300 and to date they paid $100 in September and nothing since and will not return my calls or texts. I last sent a text on Sunday and stated I would be filing in small claims court if I did not hear from them on Sunday, and nothing, so I want to proceed. What are the procedures to do so. Thank you,

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