Wichita County Small Claims Court cases are heard in 5 courthouses in Wichita County.
Do I need to hire an Attorney?
You are allowed to hire an attorney (Texas Government Code Section 28.003), however, most small claims court parties choose to represent themselves. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Clerk’s Role in Small Claims Court Actions
We recommend contacting the Wichita County court clerk before proceeding down to the courthouse to file your action. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Wichita County. We recommend calling the clerk’s office to ensure the courthouse is open. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
Small Claims Court Venue
In order to follow correct procedure, a small claims case needs to be filed in the proper county and precinct. In Texas, the action is filed in the County and Precinct where the defendants reside or where a contract was to be performed. (Government Code Section 28.011).
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. However, small claims court cannot handle assignments of claims (where one person transfers their interest in an action to another), a divorce proceedings, and cases filed by collection agencies or agents.
Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
How are trials conducted?
The trial is relatively informal compared to a normal trial. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. It will likely be pretty quick. However, if a party wishes for a jury trial, it will likely last a few hours.
Who is the judge in a Small Claims Court case?
The justice of the peace for Wichita County presides over small claims court actions for Wichita County.
Can I file my case in small claims court?
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, 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.
Wichita County Court Locations
Precinct 1 Place 1 Courthouse in the City of Wichita Falls
This courthouse is located at:
Precinct 1 Place 2 Courthouse in the City of Wichita Falls
This courthouse is located at:900 7th St, Rm 282 Wichita Falls, TX 76301-2440
This courthouse handles cases for Precinct 1 Place 2. The court’s website can be found here. The phone number for the court is (940)766-8143.
Precinct 2 Place 1 Courthouse in the City of Burkburnett
This courthouse is located at:100 W College, Ste 2 Burkburnett, TX 76354-3468
Precinct 3 Place 1 Courthouse in the City of Iowa Park
This courthouse is located at:404 N Wall St Iowa Park, TX 76367-2367
Precinct 4 Place 1 Courthouse in the City of Electra
This courthouse is located at:2023 Hwy 25 N Electra, TX 76360-5221