Does a Texas LLC need an attorney for a Burnet County JP appeal/bench trial?

Asked in Burnet, TX on May 27, 2026 Last answered on July 21, 2026

I own an LLC in Texas. The company won a JP/small claims case involving a residential gutter installation dispute, but the plaintiff appealed to the county court in Burnet County, Texas. The case is now set for a bench trial, and the plaintiff has hired an attorney. The work at issue was done before I became the current owner of the company. I need to know: Can a Texas LLC appear in county court through its owner, or must it be represented by a licensed Texas attorney? If the plaintiff appeals from the JP court, is the county court trial a de novo trial? What are the most urgent first steps before the bench trial? Should we consider filing a counterclaim for unpaid invoice, breach of contract, attorney’s fees, or another claim if the company has damages? Should we request a continuance if we need time to hire counsel or tender the claim to our insurance carrier? Does my status as the new owner help protect me personally if I was not the owner when the work was performed? The claim amount is approximately $15,000, so I am trying to keep legal costs under control while still protecting the LLC.

1 answer

Blake Brownshadel
Answered by:

Blake Brownshadel

Dallas, TX
Calhoun Bhella LLP 214-981-9200
Virtual Appointments
Answer

Hello, 

My responses are below in ALL CAPS. 

I own an LLC in Texas. The company won a JP/small claims case involving a residential gutter installation dispute, but the plaintiff appealed to the county court in Burnet County, Texas. The case is now set for a bench trial, and the plaintiff has hired an attorney. The work at issue was done before I became the current owner of the company. I need to know: Can a Texas LLC appear in county court through its owner, or must it be represented by a licensed Texas attorney? ONLY INDIVIDUALS CAN APPEAR PRO SE TO REPRESENT THEMSELVES. ENTITIES, SUCH AS LLCS, REQUIRE LEGAL REPRESENTATION BY A LICENSED ATTORNEY. If the plaintiff appeals from the JP court, is the county court trial a de novo trial? YES. What are the most urgent first steps before the bench trial? HIRE AN ATTORNEY AND REVIEW ALL FACTS, CLAIMS, DEFENSES, AND POSSIBLE COUNTERCLAIMS TO BRING. Should we consider filing a counterclaim for unpaid invoice, breach of contract, attorney’s fees, or another claim if the company has damages? ABSOLUTELY. YOU RUN THE RISK OF NOT BEING ABLE TO BRING THOSE CLAIMS LATER (UNDER EITHER A PERMISSIVE OR COMPULSORY COUNTERCLAIM DEFENSE). Should we request a continuance if we need time to hire counsel or tender the claim to our insurance carrier? YES, A VERY SMART MOVE. Does my status as the new owner help protect me personally if I was not the owner when the work was performed? NOT NECESSARILY. IT DEPENDS ON, IN PART, IF YOU BOUGHT THE COMPANY SUBJECT TO ANY LIABILITIES. WHAT DOES YOUR PURCHASE AGREEMENT SAY? The claim amount is approximately $15,000, so I am trying to keep legal costs under control while still protecting the LLC. I UNDERSTAND, AND SOMETIMES THE "JUICE ISN'T WORTH THE SQUEEZE" BUT, IF YOU HAVE POTENTIAL COUNTERCLAIMS, SUCH AS A BREACH OF CONTRACT, YOU COULD BE ABLE TO SEEK AND RECOVER YOUR OWN LEGAL FEES AND COSTS. 

July 21, 2026

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