Gillespie County Small Claims Court, Texas

Clerk’s Role in Small Claims Court Actions

The clerk at the courthouse can be an excellent resource for your case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Gillespie County. We recommend calling the clerk’s office to ensure the courthouse is open. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.

Who is the judge in a Small Claims Court case?

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

What can I expect at trial?

Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. 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. Trials generally are pretty short (15-20 minutes). If a jury trial is required, the trial could last a few hours.

Where do I file my small claims court case?

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 Small Claims 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. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.

Small Claims Court Jurisdiction

You cannot demand or ask for more than $10,000 in a small claims court case. (Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. The court has no authority to issue an injunctive or equitable award. 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. You could only ask the court for an award of money.

Can I 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).

Can I appeal my case?

Appeals are allowed if the amount of the award exceeds $250.00. Small Claims actions are heard in 2 courthouses throughout Gillespie County.

Gillespie County Small Claims Court

Gillespie County Small Claims Court

Gillespie County Court Locations

The precinct map for Gillespie County can be found here.

Precinct 1 Place 1 Courthouse in the City of Fredericksburg

This courthouse is located at:

125 W Main St, Ste 140
Fredericksburg, TX 78624

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)997-6912.

Precinct 2 Place 1 Courthouse in the City of Fredericksburg

This courthouse is located at:

125 W Main St, Ste 140
Fredericksburg, TX 78624

This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (830)997-9776.

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