What can I expect at trial?
The trial is relatively informal compared to a normal trial. This allows the trials to be conducted in a much more informal fashion. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. Trials generally are pretty short (15-20 minutes). If a jury trial is required, the trial could last a few hours. Small Claims Court cases for Bowie are heard in 6 LOCATIONS throughout Bowie County.
Limit (or Jurisdiction) of Small Claims Court
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. You cannot seek injunctive relief. Say your landscaper breaks a sprinkler head. You can ask the court for money to replace the sprinkler head, but you cannot ask the court for an order requiring the landscaper to physically replace the sprinkler head. You could only ask the court for an award of money.
Small Claims Court Venue
The action is generally filed in the County and Precinct where the defendants reside (where they live) or where location where the Defendants contracted themselves to perform. (Texas Government Code Section 28.011).
Do I need to hire an Attorney?
Small claims court litigants in Texas normally represent themselves without an attorney. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Types of Cases
Small claims courts handle a wide variety of cases. Cases include damages from an automobile accident, a security deposit from a landlord, or breach of a contract. 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.
The justice of the peace for Bowie County presides over small claims court actions for Bowie County.
Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
Bowie County Court Clerk
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. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Bowie County Court Locations
Precinct 1 Place 1 Courthouse in the City of Texarkana
This courthouse is located at:100 N State Line Ave, Box 13 Texarkana, TX 75501-5666
Precinct 1 Place 2 Courthouse in the City of Texarkana
This courthouse is located at:100 N State Line Ave, Box 14 Texarkana, TX 75501-5666
This courthouse handles cases for Precinct 1 Place 2. The court’s website can be found here. The phone number for the court is (903)798-3038.
Precinct 2 Place 1 Courthouse in the City of New Boston
This courthouse is located at:710 James Bowie Dr New Boston, TX 75570
Precinct 3 Place 1 Courthouse in the City of De Kalb
This courthouse is located at:902 W Front St De Kalb, TX 75559-0241
Precinct 4 Place 1 Courthouse in the City of Simms
This courthouse is located at:4844 US Hwy 67W Simms, TX 75574
Precinct 5 Place 1 Courthouse in the City of Maud
This courthouse is located at:P O Box 189 Maud, TX 75567