Small claims cases in Briscoe County are heard in front of the justice of the peace for Briscoe County. Small Claims actions are heard in 2 courthouses throughout Briscoe County.
Small Claims Court Clerk
The clerk is often the first person small claims court litigants interact with in their 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. While the clerk can help you with procedural issues, the clerk is not able to give legal advice. They will direct you to an attorney if answering your question would require that.
Can I file my case in small claims court?
You cannot demand or ask for more than $10,000 in a small claims court case. (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, you could sue a dry cleaner for ruining your clothes and ask for money to replace the clothes, but you cannot ask the judge for an order for the dry cleaner to repair your clothes. This type of relief would be injunctive relief.
Can I file my small claims case in Briscoe County?
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).
Can I appeal my case?
Appeals are allowed if the amount of the award exceeds $250.00.
What can I expect at trial?
Small claims court trials are very informal compared to a regular civil trial. This allows the trials to be conducted in a much more informal fashion. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. Trials generally are pretty short (15-20 minutes). A jury trial will likely last longer, probably a few hours.
Do I need A Lawyer?
In Texas, small claims parties generally represent themselves without an attorney. This is largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Types of Cases
Most cases for the recovery of money can be heard in small claims court. This could be an action to get your security deposit back, or an action to recover money for damage done to your vehicle after a car accident. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
Briscoe County Court Locations
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.