Are there appeals in small claims court?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Gillespie County Court Clerk
The clerk is often the first person small claims court litigants interact with in their case. The clerk is an excellent resource for the procedure for small claims court cases in Texas but also any procedures specific to that County or courthouse. It is recommended that you contact the clerk’s office to ensure the courthouse is open during the hours you want to visit. While the clerk can help you with procedural issues, the clerk is not able to give legal advice. They will direct you to an attorney if answering your question would require that.
Types of Cases
Small claims courts handle a wide variety of cases. 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.
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 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. This would be called injunctive relief.
What can I expect at trial?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. This allows the trials to be conducted in a much more informal fashion. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. Trials generally are pretty short (15-20 minutes). A jury trial will likely last longer, probably a few hours.
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. However, you are allowed to retain one if you choose. Small Claims Court cases for Gillespie are heard in 4 LOCATIONS throughout Gillespie County.
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).
Judges for Small Claims Court Cases in Gillespie County
The justice of the peace for Gillespie County presides over small claims court actions for Gillespie County.
Gillespie County Court Locations
Precinct 1 Place 1 Courthouse in the City of Fredericksburg
This courthouse is located at:
This courthouse handles cases for Precinct 1 Place 1. The court’s website can be found here. The phone number for the court is (830)307-3737 – ext. 1 . And you can email the court by clicking here.
Precinct 2 Place 1 Courthouse in the City of Fredericksburg
This courthouse is located at:
125 W Main St Fredericksburg, TX 78624-3775This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (830)307-3737 – ext. 2 . And you can email the court by clicking here.
Precinct 3 Place 1 Courthouse in the City of Fredericksburg
This courthouse is located at:
125 W Main St Fredericksburg, TX 78624-3700This courthouse handles cases for Precinct 3 Place 1. The court’s website can be found here. The phone number for the court is (830)307-3737 – ext. 3 . And you can email the court by clicking here.
Precinct 4 Place 1 Courthouse in the City of Fredericksburg
This courthouse is located at:
125 W Main St Fredericksburg, TX 78624-3700This courthouse handles cases for Precinct 4 Place 1. The court’s website can be found here. The phone number for the court is (830)307-3737 – ext. 4 . And you can email the court by clicking here.
What does it cost to file suit in a small claims court?