Clerk’s Role in Small Claims Court Actions
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. 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.
How are trials conducted?
Small claims court trials are very informal compared to a regular civil trial. There are no rules of evidence. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. It will likely be pretty quick. However, if a party wishes for a jury trial, it will likely last a few hours. Small Claims actions are heard in 5 courthouses throughout Wichita County.
Are there appeals in small claims court?
Yes, but only if the amount in controversy is in excess of $250.
Can I file my small claims case in Wichita County?
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).
Small Claims Court Case Types
Most cases for the recovery of money can be heard in small claims court. From a security deposit on a rental to a motor vehicle accident. 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.
Who is the judge in a Small Claims Court case?
A Justice of the Peace for Wichita County hears small claims court cases 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). Small claims parties can only recover 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 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. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Wichita County Court Locations
The precinct map for Wichita County can be found here.
Precinct 1 Place 1 Courthouse in the City of Wichita Falls
This courthouse is located at:900 7th St, Rm 281 Wichita Falls, TX 76301-2440
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
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 North Electra, TX 76360-5221