Clerk’s Role in Small Claims Court Actions
The clerk is often the first person small claims court litigants interact with in their case. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
Can I file my small claims case in Frio County?
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).
Types of Cases
A variety of cases are handled in small claims court. 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.
A Justice of the Peace for Frio County hears small claims court cases for Frio County.
What is the trial like?
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. It will likely be pretty quick. However, if a party wishes for a jury trial, it will likely last a few hours. Small Claims actions are heard in 4 courthouses throughout Frio County.
Do I need to 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. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Small Claims Court Jurisdiction
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. You cannot seek injunctive 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 type of relief would be injunctive relief.
Frio County Court Locations
Precinct 1 Place 1 Courthouse in the City of Pearsall
This courthouse is located at:500 E San Antonio St, #9 Pearsall, TX 78061-3145
Precinct 2 Place 1 Courthouse in the City of Pearsall
This courthouse is located at:P O Box 751 Pearsall, TX 78061-3145
Precinct 3 Place 1 Courthouse in the City of Pearsall
This courthouse is located at:500 E San Antonio St #13 Pearsall, TX 78061
Precinct 4 Place 1 Courthouse in the City of Dilley
This courthouse is located at:P O Box 2206 Dilley, TX 78017