Limit (or Jurisdiction) of Small Claims Court
The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. You cannot seek injunctive relief. For example, if you pay a painter $1,000 to paint your house and the painter does not even begin, you cannot ask the court to issue an order for the painter to paint your house. You could only ask the court for an award of money.
Judges for Small Claims Court Cases in Guadalupe County
The justice of the peace for Guadalupe County presides over small claims court actions for Guadalupe County.
Can I appeal my case?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Small Claims Court Venue
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).
What is the trial like?
Small claims court trials are very informal compared to a regular civil trial. There are no rules of evidence. Additionally, the judge is allowed to ask questions of the parties and witnesses, and generally takes a more proactive role in determining the facts of a case. It will likely be pretty quick. A jury trial will likely last longer, probably a few hours.
Do I need A Lawyer?
Small claims court litigants in Texas normally represent themselves without an attorney. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
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. 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. 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. Small Claims Court cases for Guadalupe are heard in 4 LOCATIONS throughout Guadalupe County.
Guadalupe County Court Locations
Precinct 1 Place 1 Courthouse in the City of Seguin
This courthouse is located at:
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