What is the trial like?
Small claims court trials are very informal compared to a regular civil trial. 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. A small claims court trial is much quicker, often lasting between 15-20 minutes. However, if a party wishes for a jury trial, it will likely last a few hours.
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).
Kendall County Court Clerk
The clerk is often the first person small claims court litigants interact with in their case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Kendall 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.
The justice of the peace for Kendall County presides over small claims court actions for Kendall County.
Small Claims Court Case Types
Most cases for the recovery of money can be heard in small claims court. From a security deposit on a rental to a motor vehicle accident. 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.
Are there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250.
Can I hire an attorney?
Small claims court litigants in Texas normally represent themselves without an attorney. 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 Kendall are heard in 4 LOCATIONS throughout Kendall County.
Limit (or Jurisdiction) of Small Claims Court
The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Small claims parties can only recover 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. This would be called injunctive relief.
Kendall County Court Locations
Precinct 1 Place 1 Courthouse in the City of Boerne
This courthouse is located at:201 E San Antonio St, #20A Boerne, TX 78006-2049
Precinct 2 Place 1 Courthouse in the City of Boerne
This courthouse is located at:P O Box 425 Boerne, TX 78006-0425
Precinct 3 Place 1 Courthouse in the City of Boerne
This courthouse is located at:221 Fawn Valley Dr, #200 Boerne, TX 78006
This courthouse handles cases for Precinct 3 Place 1. The court’s website can be found here. The phone number for the court is (830)249-2820.
Precinct 4 Place 1 Courthouse in the City of Comfort
This courthouse is located at:105 Amber Dr Comfort, TX 78013-0105