San Marcos is the Hays County seat, the home of Texas State University, and a city of about 74,316 residents (U.S. Census Bureau, 2024 estimate). All of it lies in Hays County. When a credit card company or debt buyer sues someone who lives here, the paperwork usually points to one of two places: a justice court in San Marcos, or the courts at the Hays County Government Center on South Stagecoach Trail.

Texas Debt Law defends people in consumer debt lawsuits for flat fees. Our principal office is in Frisco, so we do most of the work by phone, text, email and electronic filing. Phones are answered seven days a week.

Free Case Evaluation(214) 945-0000

Seven Justice Courts, Five Precincts

Hays County's Justice of the Peace page lists seven justice courts spread over five precincts:

Precinct 1, Places 1 and 2: San Marcos
Precinct 2, Places 1 and 2: Kyle
Precinct 3: Wimberley
Precinct 4: Dripping Springs
Precinct 5: Buda

The county describes the justice court as a small claims court for civil matters where the amount in controversy is $20,000 or less, which matches the statewide limit in Gov't Code § 27.031. Most credit card suits fall under that number, so a San Marcos resident's case very often starts in a justice court. Precinct lines are drawn by the county, not by city limits, so go by the court named on your citation rather than assuming.

County Courts at Law and District Courts

Larger claims are filed with the County Clerk or the District Clerk instead. The County Clerk's Courts Division handles civil cases for County Court at Law #1, #2 and #3. The District Court page lists civil staff for the 22nd, 207th, 274th, 428th, 453rd and 483rd District Courts. The District Clerk, the district court administration and the county law library are all in the Government Center at 712 S. Stagecoach Trail, San Marcos.

Your Answer Deadline

The deadline comes from the type of court, and it is short either way:

Justice court (any Hays precinct): file a written answer by the end of the 14th day after you were served (Tex. R. Civ. P. 502.5).
County Court at Law or district court: file by 10:00 a.m. on the Monday after 20 days have passed since service (Rule 99(b)).

Our answer deadline calculator gives you a date to work from. If nothing is filed, the plaintiff can ask the judge for a default judgment, and you lose the chance to raise defenses.

In a county or district court case, the plaintiff may later file a motion for summary judgment. For motions filed on or after March 1, 2026, the response is due 21 days after the motion is filed (Rule 166a). That second deadline is easy to miss for people who filed an answer on their own and then stopped watching the case.

A Note for Texas State Students and Recent Graduates

Many people in San Marcos are here for school, and addresses change often. A citation can be delivered to an apartment you've already left, or a suit can be filed in Hays County after you've moved away. Tell us where you actually lived when the suit was filed and when you were served. Defective service and the wrong venue are both things we check.

Hays County's legal resources page also lists Texas State University's Attorney for Students office as a resource for enrolled students. That office is run by the university, not by us.

What We Look for in a Hays County Debt Case

Most of these lawsuits are paper cases. The plaintiff needs documents and a witness affidavit to prove the account, the balance and its right to sue. We look for the gaps:

Age of the debt. Texas generally allows four years to sue on a debt (Civ. Prac. & Rem. Code § 16.004). A debt buyer may not sue on time-barred consumer debt at all (Fin. Code § 392.307).
Ownership. When a debt buyer sues, its purchase records have to identify your account, not just a portfolio of accounts.
The number. We compare the amount sued for with the statements and challenge interest and fees the agreement doesn't support.
The affidavit. A records affidavit from someone who never worked for the original creditor can be open to objection.

Sometimes the better outcome is a negotiated settlement. If you choose that route, we get the terms in writing and make sure the case is closed in court.

Flat Fees, Set Before We Start

The fee is based on the amount of the lawsuit, starts at $400, and doesn't grow with hours. Payment plans are available.

Amount of the Lawsuit	Our Flat Legal Fee	Payment Plan
Less than $1,000	$400	Up to 2 months
$1,001 – $3,000	$500	Up to 2 months
$3,001 – $5,000	$750	Up to 3 months
$5,001 – $7,500	$1,000	Up to 4 months
$7,501 – $10,000	$1,250	Up to 6 months
$10,001 – $12,500	$1,500	Up to 6 months
$12,501 – $15,000	$1,750	Up to 6 months
$15,001 – $20,000	$2,000	Up to 6 months
Over $20,000	Call for Pricing

Claims against a collector for illegal collection conduct under the FDCPA or the Texas Debt Collection Act are a separate service and are not included in the debt-defense fee.

Free Resources in Hays County

Hays County Law Library. Inside the Government Center, Suite 2026. The county lists hours of 8:00 a.m. to 4:00 p.m. Monday through Thursday and 8:00 a.m. to noon on Friday, and notes that one part-time librarian staffs it, so hours can change.
Legal Resources & Legal Aid. The law library's list of legal aid and self-help links, including TexasLawHelp.org and Volunteer Legal Services of Central Texas.
Texas RioGrande Legal Aid. TRLA lists Hays among the 68 counties it serves. Its closest office is in Austin. Free help depends on eligibility.

These are public and nonprofit services, independent of Texas Debt Law.

San Marcos Debt Lawsuit FAQs

My citation says "Justice of the Peace, Precinct 1, Place 2." What does that mean?

Precinct 1 has two justice courts in San Marcos, each with its own judge. Place 1 and Place 2 are simply the two courts. Your answer must go to the one named on your papers.

Will I have to go to the Government Center?

Not to answer. Filings are made electronically. If a judge orders a hearing or trial that needs you there, we'll tell you in advance and prepare you.

I already have a judgment from a Hays County court. Is it too late?

Not necessarily. Texas protects current wages from garnishment for consumer debt (Tex. Const. art. XVI, § 28), and your homestead and personal property up to $50,000 for a single adult or $100,000 for a family are generally exempt (Prop. Code chs. 41 and 42). Bank accounts are the usual target. We can look at challenging the judgment or negotiate a post-judgment settlement, for the same flat fees as debt defense.

Do you take cases in nearby cities?

Yes. See our pages for Kyle and New Braunfels. More general answers are in our debt lawsuit Q&A.

Send Us Your Papers

Call or text (214) 945-0000, or start a free case evaluation online. A photo of the petition and citation is enough for us to tell you which Hays County court has your case and how much time you have.

Helpful guides

General information, not legal advice for your case.