Do I need A Lawyer?
Small claims court litigants in Texas normally 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).
Where do I file my small claims court case?
The action is generally filed in the County and Precinct where the defendants reside (where they live) or where location where the Defendants contracted themselves to perform. (Texas Government Code Section 28.011).
Types of Cases
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. 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. Small Claims actions are heard in 4 courthouses throughout Wilson County.
What can I expect at trial?
Small claims court trials are very informal compared to a regular civil 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.
Can I file my case in small claims court?
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 are unable to seek injunctive or equitable 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. You could only ask the court for an award of money.
Are there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250.
Who is the judge in a Small Claims Court case?
Small claims cases in Wilson County are heard in front of the justice of the peace for Wilson County.
Clerk’s Role in Small Claims Court Actions
The clerk at the courthouse can be an excellent resource for your 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.
Wilson County Court Locations
The precinct map for Wilson County can be found here.
Precinct 1 Place 1 Courthouse in the City of Floresville
This courthouse is located at:800 10th St, Box 8 Floresville, TX 78114
This courthouse handles cases for Precinct 1 Place 1. The court’s website can be found here. The phone number for the court is (830)393-5112.
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