Small Claims Information

The information on this page is a broad interpretation of the laws that apply to the court. Any legal questions or legal interpretation should be based upon your own research of the matter, or the advice of an attorney if you are unsure of how you want to handle your case. 

Small Claims Court

A civil suit or small claims case involves a legal action seeking monetary compensation, civil penalties, the return of personal property, or other remedies permitted by law. The true amount in dispute—excluding statutory interest and court costs but including any attorney fees—must not exceed $20,000.00. Small claims cases are governed by Rules 500-507 of Part V of the Texas Rules of Civil Procedure.

The Courts are not permitted to provide legal advice! If you are initiating a lawsuit or have been sued and do not have legal representation, please visit the Texas Justice Courts Training Center’s Self-Represented Litigants Page to access Self-Help Packets and other resources related to civil litigation.

Venue 

General Rule: A defendant in a small claims case or a debt claim case is entitled to be sued in one of the following venues: 

  • The county and precinct where the defendant resides
  • The county and precinct where the incident, or the majority of incidents, that gave rise to the claim occurred
  • The county and precinct where the contract or agreement, if any, that gave rise to the claim was to be performed
  • The county and precinct where the property is located, in a suit to recover personal property

Who May You Sue

  • An individual. List all known addresses on the petition. 
  • Sole Proprietorship. Contact the Assumed Names Dept. 830-997-6515 in the Gillespie County Clerk’s office for more information. 
  • A Corporation. Serve its registered agent; the name and address can be obtained from the office of the Texas Secretary of State by calling 512-463-5555, emailing corpinfo@sos.state.tx.us, or visiting the Texas Secretary of State's website. 

Filing Suit

It is a plaintiff's responsibility to complete a Petition for Small Claims and file it in the correct precinct. For help with precinct information, please view the Gillespie County Justice Courts Precinct Map (PDF) or see the precinct map in the Gillespie County Annex 1 Building at 125 W. Main Street, Fredericksburg, Texas.  

  • The fee to file a suit is $54.00. 
  • The fee for personal service on the defendant by a Gillespie County Constable is $85.00. 
  • The fee for service on the defendant by certified mail is at the current postal rate. 
  • If the defendant resides outside of Gillespie County, personal service rates may vary, and it is the plaintiff's responsibility to determine who will be serving the civil paperwork. The court processes the petition, issues the civil citation, and sends it with your separate check to whom you specify for service. Verify the amount of service when verifying who will be serving your documents.

File a suit in Precinct 1

File a suit in Precinct 2

File a suit in Precinct 3

File a suit in Precinct 4

Appeal Information

After the trial, either party may appeal the judgment by:

  • Filing a Notice of Appeal with the Court 
  • Paying a $54 filling fee with the Justice Court, 
  • Posting an Appeal Surety Bond or a Statement of Inability to Afford Payment of Court Costs or an Appeal Bond (PDF) and a $10 transcript fee, within twenty-one (21) days from the date of judgment.  
    • If the appeal is filed by the Plaintiff, the appeal bond amount shall be $500.00.  
    • If the appeal is filed by the Defendant, the appeal bond amount shall be two (2) times the judgment amount. 
    • Filing fees are also required to the County Court.   

After the Judgment

The Courts do not collect the judgment for you, nor can we force the defendant to pay the judgment. If you receive a judgment against the defendant, the Court can issue various instruments to assist you in collecting the judgment.