Fayette County Small Claims Court cases are heard in 4 courthouses in Fayette 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. 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. If a jury trial is required, the trial could last 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).
Can I hire an attorney?
In Texas, small claims parties generally represent themselves without an attorney. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. However, you are allowed to retain one if you choose.
Small claims cases in Fayette County are heard in front of the justice of the peace for Fayette County.
Small Claims Court Jurisdiction
A plaintiff cannot demand more than $10,000 in their action. (Texas 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.
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.
Are Appeals Allowed?
Appeals are allowed if the amount of the award exceeds $250.00.
Fayette County Court Clerk
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. 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.
Fayette County Court Locations
Precinct 1 Place 1 Courthouse in the City of La Grange
This courthouse is located at:1646 N Jefferson St La Grange, TX 78945
Precinct 2 Place 1 Courthouse in the City of Fayetteville
This courthouse is located at:P O Box 458 Fayetteville, TX 78940-0458
Precinct 3 Place 1 Courthouse in the City of Flatonia
This courthouse is located at:P O Box A Flatonia, TX 78941
Precinct 4 Place 1 Courthouse in the City of Schulenburg
This courthouse is located at:312 Paulus St Schulenburg, TX 78956
This courthouse handles cases for Precinct 4 Place 1. The court’s website can be found here. The phone number for the court is (979)743-4041.