Small Claims actions are heard in 4 courthouses throughout Kendall County.
Are Appeals Allowed?
Yes, but only if the amount in controversy is in excess of $250.
Can I file my small claims case in Kendall County?
The action is generally filed in the County and Precinct where the defendants reside (where they live) or where location where the Defendants contracted themselves to perform. (Texas Government Code Section 28.011).
Small Claims Court Jurisdiction
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of money). You cannot seek injunctive relief. 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. This type of relief would be injunctive relief.
Clerk’s Role in Small Claims Court Actions
We recommend contacting the Kendall County court clerk before proceeding down to the courthouse to file your action. The clerk is an excellent resource for the procedure for small claims court cases in Texas but also any procedures specific to that County or courthouse. It is recommended that you contact the clerk’s office to ensure the courthouse is open during the hours you want to visit. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Do I need to hire an Attorney?
In Texas, small claims parties generally 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.
Types of Small Claims Cases
Most cases for the recovery of money can be heard in small claims court. This could be an action to get your security deposit back, or an action to recover money for damage done to your vehicle after a car accident. 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.
How are trials conducted?
Small claims court trials are very informal compared to a regular civil 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. 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.
The justice of the peace for Kendall County presides over small claims court actions for Kendall County.
Kendall County Court Locations
The precinct map for Kendall County can be found here.
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
Precinct 4 Place 1 Courthouse in the City of Comfort
This courthouse is located at:105 Amber Dr Comfort, TX 78013-0105