How are trials conducted?
The trial is relatively informal compared to a normal trial. This allows the trials to be conducted in a much more informal fashion. 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. If a jury trial is required, the trial could last a few hours.
Judges for Small Claims Court Cases in Hays County
A Justice of the Peace for Hays County hears small claims court cases for Hays County.
Can I hire an attorney?
Small claims court litigants in Texas normally represent themselves without an attorney. The reasoning behind this is because the amount is $10,000 or less, hiring an attorney becomes cost prohibitive. However, you are allowed to retain one if you choose.
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.
Where do I file my small claims court case?
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).
Hays County Court Clerk
We recommend contacting the Hays County court clerk before proceeding down to the courthouse to file your action. 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.
Can I file my case in small claims court?
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Small claims parties can only recover money. You are unable to seek injunctive or equitable 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 type of relief would be injunctive relief. Small Claims actions are heard in 6 courthouses throughout Hays County.
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
Hays County Court Locations
Precinct 1 Place 1 Courthouse in the City of San Marcos
This courthouse is located at:712 S Stagecoach Trail, Ste 2235 San Marcos, TX 78666-5999
Precinct 1 Place 2 Courthouse in the City of San Marcos
This courthouse is located at:
Precinct 2 Place 1 Courthouse in the City of Kyle
This courthouse is located at:P O Box 1449 Kyle, TX 78640-1449
Precinct 3 Place 1 Courthouse in the City of Wimberley
This courthouse is located at:200 Stillwater, Ste 104 Wimberley, TX 78676
Precinct 4 Place 1 Courthouse in the City of Dripping Springs
This courthouse is located at:195 Roger Hanks Parkway, Ste 2 Dripping Springs, TX 78620
Precinct 5 Place 1 Courthouse in the City of Buda
This courthouse is located at:P O Box 215 Buda, TX 78610-0215