Can I file my case in small claims court?
The plaintiff’s demand for money cannot exceed $10,000. (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 cannot seek injunctive relief. For example, you could sue a dry cleaner for ruining your clothes and ask for money to replace the clothes, but you cannot ask the judge for an order for the dry cleaner to repair your clothes. You could only ask the court for an award of money. Small Claims Court cases for Frio are heard in 4 LOCATIONS throughout Frio County.
Clerk’s Role in Small Claims Court Actions
We recommend contacting the Frio County court clerk before proceeding down to the courthouse to file your action. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Frio 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.
Types of Small Claims Cases
Small claims courts handle a wide variety of cases. 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.
How are trials conducted?
Small claims court trials are very informal compared to a regular civil 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.
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).
Do I need to hire an Attorney?
You are allowed to hire an attorney (Texas Government Code Section 28.003), however, most small claims court parties choose to represent themselves. 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).
Who is the judge in a Small Claims Court case?
A Justice of the Peace for Frio County hears small claims court cases for Frio County.
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
Frio County Court Locations
The precinct map for Frio County can be found here.
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:407 S Pecan St 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