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:
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)741-6051. And you can email the court by clicking here.
Precinct 2 Place 1 Courthouse in the City of Castroville
This courthouse is located at:8366 FM 471 S, Ste 107 Castroville, TX 78009
This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (830)931-4010. And you can email the court by clicking here.
Precinct 3 Place 1 Courthouse in the City of Hondo
This courthouse is located at:1100 16th St, Rm 105 Hondo, TX 78861-1846
This courthouse handles cases for Precinct 3 Place 1. The court’s website can be found here. The phone number for the court is (830)741-6030. And you can email the court by clicking here.
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
This courthouse handles cases for Precinct 4 Place 1. The court’s website can be found here. The phone number for the court is (830)665-8020. And you can email the court by clicking here.
2 thoughts on “Medina County Small Claims Court, Texas”
Can I sue an insurance company in small claims court?
How do I file a counter claim against a person who is trying to get the courts to force me to sell back a dog that we purchased from her ad in Craigslist?
Four days after we bought the dog, she filed an claim after I refused to sell the dog back to her. Because of her actions of filing a unjustifiable lawsuit, it took away the joy and healing that this dog brought back into my life and caused me great anxiety and stress.
From our first emails and subsequent text messages, I told them that I was looking for a “Forever Companion to help me with my constant pain and occasional bad dreams (PTSD). From the first night that we bought him until I received notification of this frivolous and unjustifiable lawsuit, this dog brought such happiness and peace of mind. This dog made me forget about my pain and I didn’t.Need 1-2 of my daily Hydrocodone Medication. I even slept better without bad dreams.
After I received the claim notification, I started to worry about being forced to sell him back to her. I became more stressed as I was preparing my “Answer” to her claim “I want Buddy the dog back”.
Ever since I received her claim, I’ve lived in fear of losing this precious dog that has bonded with me and brings such peace and joy. But, her selfish actions has brought a cloud over my legal ownership and has replaced joy with stress, anxiety and fear. I’m taking my maximum amount of pain medicine(Opioids) instead of reducing them. Also, I’ve had sleepless nights and the bad dreams became even worse.
Her actions are unjustifiable and irresponsible. I believe that she knowingly wanted to cause me misery and stress because she couldn’t get me to sell the dog back to her. I want to file counterclaim for what her actions has caused me.
How do I file this counter claim?