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.
Can I file my small claims case in Wilson 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).
Wilson County Court Clerk
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. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Limit (or Jurisdiction) of Small Claims Court
You cannot demand or ask for more than $10,000 in a small claims court case. (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.
Small Claims Court Case Types
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. However, small claims court cannot handle assignments of claims (where one person transfers their interest in an action to another), a divorce proceedings, and cases filed by collection agencies or agents.
Can I hire an attorney?
You are allowed to hire an attorney (Texas Government Code Section 28.003), however, most small claims court parties choose to represent themselves. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003). Small Claims actions are heard in 4 courthouses throughout Wilson County.
Judges for Small Claims Court Cases in Wilson County
The justice of the peace for Wilson County presides over small claims court actions for Wilson County.
What is the trial like?
Small claims court trials are very informal compared to a regular civil trial. There are no rules of evidence. 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. Trials generally are pretty short (15-20 minutes). A jury trial will likely last longer, probably a few hours.
Wilson County Court Locations
Precinct 1 Place 1 Courthouse in the City of Floresville
This courthouse is located at:800 10th St, Box 8 Floresville, TX 78114
Precinct 2 Place 1 Courthouse in the City of Poth
This courthouse is located at:P O Box 626 Poth, TX 78147-0626
Precinct 3 Place 1 Courthouse in the City of La Vernia
This courthouse is located at:P O Box 503 La Vernia, TX 78121-0503
Precinct 4 Place 1 Courthouse in the City of Floresville
This courthouse is located at:800 10th St, Box 6 Floresville, TX 78114