Who is the judge in a Small Claims Court case?
The justice of the peace for Briscoe County presides over small claims court actions for Briscoe County.
Briscoe County Court Clerk
The clerk at the courthouse can be an excellent resource for your case. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Briscoe County. We recommend calling the clerk’s office to ensure the courthouse is open. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
Can I hire an attorney?
In Texas, small claims parties generally represent themselves without an attorney. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. However, you are allowed to retain one if you choose.
Small Claims Court Jurisdiction
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of money). You cannot seek injunctive relief. For example, if you pay a painter $1,000 to paint your house and the painter does not even begin, you cannot ask the court to issue an order for the painter to paint your house. This would be called injunctive relief.
Are Appeals Allowed?
Appeals are allowed if the amount of the award exceeds $250.00.
Types of Cases
A variety of cases are handled in small claims court. From a security deposit on a rental to a motor vehicle accident. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
Small Claims Court Venue
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).
What can I expect at trial?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. 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. A small claims court trial is much quicker, often lasting between 15-20 minutes. If a jury trial is required, the trial could last a few hours. Small Claims Court cases for Briscoe are heard in 2 LOCATIONS throughout Briscoe County.
Briscoe County Court Locations
The precinct map for Briscoe County can be found here.
Precinct 1 Place 1 Courthouse in the City of Silverton
This courthouse is located at:P O Box 67 Silverton, TX 79257-0067
Precinct 2 Place 1 Courthouse in the City of Quitaque
This courthouse is located at:P O Box 427 Quitaque, TX 79255
This courthouse handles cases for Precinct 2 Place 1. The court’s website can be found here. The phone number for the court is (806)455-1456.