Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
Small claims cases in La Salle County are heard in front of the justice of the peace for La Salle County.
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).
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. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. It will likely be pretty quick. A jury trial will likely last longer, probably a few hours. La Salle County Small Claims Court cases are heard in 4 courthouses in La Salle County.
La Salle County Court Clerk
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. Also, while the clerk can answer questions about procedures, the clerk cannot 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). Additionally, a small claims court plaintiff can only ask the court for monetary relief. The court has no authority to issue an injunctive or equitable award. 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 would be called injunctive relief.
Types of Cases
Most cases for the recovery of money can be heard in small claims court. 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.
Do I need to hire an Attorney?
In Texas, small claims parties generally represent themselves without an attorney. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. However, you are allowed to retain one if you choose.
La Salle County Court Locations
The precinct map for La Salle County can be found here.
Precinct 1 Place 1 Courthouse in the City of Cotulla
This courthouse is located at:101 Courthouse Sq Cotulla, TX 78014
Precinct 2 Place 1 Courthouse in the City of Encinal
This courthouse is located at:P O Box 283 Encinal, TX 78019
Precinct 3 Place 1 Courthouse in the City of Cotulla
This courthouse is located at:707 Buckley Cotulla, TX 78014
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)879-4128.
Precinct 4 Place 1 Courthouse in the City of Fowlerton
This courthouse is located at:P O Box 476 Fowlerton, TX 78021