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. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. It will likely be pretty quick. However, if a party wishes for a jury trial, it will likely last a few hours. Small Claims Court cases for Llano are heard in 4 LOCATIONS throughout Llano County.
Small Claims Court Clerk
The clerk at the courthouse can be an excellent resource for your case. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. While the clerk can help you with procedural issues, the clerk is not able to give legal advice. They will direct you to an attorney if answering your question would require that.
Small Claims Court Case Types
A variety of cases are handled 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?
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. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
A Justice of the Peace for Llano County hears small claims court cases for Llano County.
Limit (or Jurisdiction) of Small Claims Court
The plaintiff’s demand for money cannot exceed $10,000. (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. For example, if you pay a painter $1,000 to paint your house and the painter does not even begin, you cannot ask the court to issue an order for the painter to paint your house. This would be called injunctive relief.
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).
Are Appeals Allowed?
Yes, but only if the amount in controversy is in excess of $250.
Llano County Court Locations
The precinct map for Llano County can be found here.
Precinct 1 Place 1 Courthouse in the City of Horseshoe Bay
This courthouse is located at:P O Box 8759 Horseshoe Bay, TX 78657-8759
Precinct 2 Place 1 Courthouse in the City of Buchanan Dam
This courthouse is located at:P O Box 5 Buchanan Dam, TX 78609
Precinct 3 Place 1 Courthouse in the City of Kingsland
This courthouse is located at:P O Box 1631 Kingsland, TX 78639-1631
Precinct 4 Place 1 Courthouse in the City of Llano
This courthouse is located at:2001 N State Hwy 16, Ste B Llano, TX 78643