Do I need to hire an Attorney?
In Texas, small claims parties generally 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).
Who is the judge in a Small Claims Court case?
Small claims cases in San Augustine County are heard in front of the justice of the peace for San Augustine County.
Small Claims Court Case Types
A variety of cases are handled 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. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
Small Claims Court Jurisdiction
You cannot demand or ask for more than $10,000 in a small claims court case. (Government Code 28.093). Small claims parties can only recover money. You cannot seek injunctive relief. 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. Small Claims Court cases for San Augustine are heard in 4 LOCATIONS throughout San Augustine County.
Clerk’s Role in Small Claims Court Actions
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. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
What is the trial like?
Small claims court trials are very informal compared to a regular civil trial. There are no rules of evidence. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the 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.
Small Claims Court Venue
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 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.
San Augustine County Court Locations
Precinct 1 Place 1 Courthouse in the City of San Augustine
This courthouse is located at:
This courthouse handles cases for Precinct 1 Place 1. The court’s website can be found here. The phone number for the court is (936)275-3552. And you can email the court by clicking here.
Precinct 2 Place 1 Courthouse in the City of San Augustine
This courthouse is located at:
221 N Harrison San Augustine, TX 75972-1904This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (936)275-3552. And you can email the court by clicking here.
Precinct 3 Place 1 Courthouse in the City of San Augustine
This courthouse is located at:
221 N Harrison San Augustine, TX 75972-1904This courthouse handles cases for Precinct 3 Place 1. The court’s website can be found here. The phone number for the court is (936)275-3552. And you can email the court by clicking here.
Precinct 4 Place 1 Courthouse in the City of San Augustine
This courthouse is located at:
221 N Harrison San Augustine, TX 75972-1904This courthouse handles cases for Precinct 4 Place 1. The court’s website can be found here. The phone number for the court is (936)275-3552. And you can email the court by clicking here.