Small Claims Court Case Types
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. 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.
The justice of the peace for Guadalupe County presides over small claims court actions for Guadalupe County.
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.
Are Appeals Allowed?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Small Claims Court Jurisdiction
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). The court has no authority to issue an injunctive or equitable award. 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.
Guadalupe County 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. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
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).
What can I expect at trial?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. It will likely be pretty quick. If a jury trial is required, the trial could last a few hours. Guadalupe County Small Claims Court cases are heard in 4 courthouses in Guadalupe County.
Guadalupe County Court Locations
The precinct map for Guadalupe County can be found here.
Precinct 1 Place 1 Courthouse in the City of Seguin
This courthouse is located at:US Hwy 90 E Seguin, TX 78155-1236
Precinct 2 Place 1 Courthouse in the City of Seguin
This courthouse is located at:101 E Court St, #212 Seguin, TX 78155-5729
Precinct 3 Courthouse in the City of Schertz
This courthouse is located at:1101 Elbel Rd, Ste 6 Schertz, TX 78154-2053
Precinct 4 Place 1 Courthouse in the City of Seguin
This courthouse is located at:11144 FM 725 Seguin, TX 78155-9559