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.
Small Claims Court Venue
In order to follow correct procedure, a small claims case needs to be filed in the proper county and precinct. In Texas, the action is filed in the County and Precinct where the defendants reside or where a contract was to be performed. (Government Code Section 28.011).
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. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003). Llano County Small Claims Court cases are heard in 4 courthouses in Llano County.
Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
Clerk’s Role in Small Claims Court Actions
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. 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.
Can I file my case in small claims court?
The plaintiff’s demand for money cannot exceed $10,000. (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.
What can I expect at trial?
The trial is relatively informal compared to a normal trial. There are no rules of evidence. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. Trials generally are pretty short (15-20 minutes). However, if a party wishes for a jury trial, it will likely last a few hours.
Small claims cases in Llano County are heard in front of the justice of the peace for Llano County.
Llano County Court Locations
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 78609-0005
Precinct 3 Place 1 Courthouse in the City of Buchanan Dam
This courthouse is located at:8347 RR 1431 Buchanan Dam, TX 78609
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