Limit (or Jurisdiction) of 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. You cannot seek injunctive 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.
Clerk’s Role in Small Claims Court Actions
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. Medina County Small Claims Court cases are heard in 4 courthouses in Medina County.
What is the trial like?
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.
Can I file my small claims case in Medina County?
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
Most cases for the recovery of money can be heard in small claims court. From a security deposit on a rental to a motor vehicle 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.
Do I need A Lawyer?
You are allowed to hire an attorney (Texas Government Code Section 28.003), however, most small claims court parties choose to represent themselves. The reasoning behind this is because the amount is $10,000 or less, hiring an attorney becomes cost prohibitive. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
The justice of the peace for Medina County presides over small claims court actions for Medina County.
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
Medina County Court Locations
Precinct 1 Place 1 Courthouse in the City of Hondo
This courthouse is located at:1100 16th St Hondo, TX 78861
Precinct 2 Place 1 Courthouse in the City of Castroville
This courthouse is located at:8366 FM 471 S, Ste 107 Castroville, TX 78009
Precinct 3 Place 1 Courthouse in the City of Hondo
This courthouse is located at:1100 16th St, Rm 105 Hondo, TX 78861-1846
Precinct 4 Place 1 Courthouse in the City of Devine
This courthouse is located at:317 SH 132 N, Ste 208 Devine, TX 78016-3209