Are there appeals in small claims court?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
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).
Types of Cases
Small claims courts handle a wide variety of cases. 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.
Limit (or Jurisdiction) of 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 would be called injunctive relief. Small Claims Court cases for Kendall are heard in 4 LOCATIONS throughout Kendall County.
Can I 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.
What can I expect at trial?
The trial is relatively informal compared to a normal trial. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. 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. A jury trial will likely last longer, probably a few hours.
Judges for Small Claims Court Cases in Kendall County
Small claims cases in Kendall County are heard in front of the justice of the peace for Kendall County.
Kendall County Court Clerk
The clerk is often the first person small claims court litigants interact with in their case. 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. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
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
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