Can I file my small claims case in Wise County?
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).
Judges for Small Claims Court Cases in Wise County
Small claims cases in Wise County are heard in front of the justice of the peace for Wise County.
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. However, you are allowed to retain one if you choose.
How are trials conducted?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. There are no rules of evidence. 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. A jury trial will likely last longer, probably a few hours. Small Claims actions are heard in 4 courthouses throughout Wise County.
Small Claims Court Clerk
We recommend contacting the Wise 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 Wise 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.
Can I appeal my case?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
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). The court has no authority to issue an injunctive or equitable award. 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. You could only ask the court for an award of money.
Small Claims Court Case Types
Small claims courts handle a wide variety of cases. 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.
Wise County Court Locations
The precinct map for Wise County can be found here.
Precinct 1 Courthouse in the City of Decatur
This courthouse is located at:P O Box 509 Decatur, TX 76234
Precinct 2 Courthouse in the City of Decatur
This courthouse is located at:P O Box 1534 Decatur, TX 76234
Precinct 3 Courthouse in the City of Boyd
This courthouse is located at:P O Box 86 Boyd, TX 76023-0086
Precinct 4 Courthouse in the City of Bridgeport
This courthouse is located at:1007 13th St, Ste 109 Bridgeport, TX 76426-3173