Are Appeals Allowed?
Yes, but only if the amount in controversy is in excess of $250. Small Claims actions are heard in 4 courthouses throughout Wise County.
Small Claims Court Case Types
A variety of cases are handled in small claims court. 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.
Small Claims Court Venue
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).
Limit (or Jurisdiction) of Small Claims Court
The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Small claims parties can only recover money. You cannot seek injunctive relief. Say your landscaper breaks a sprinkler head. You can ask the court for money to replace the sprinkler head, but you cannot ask the court for an order requiring the landscaper to physically replace the sprinkler head. You could only ask the court for an award of money.
Judges for Small Claims Court Cases in Wise County
A Justice of the Peace for Wise County hears small claims court cases for Wise County.
Wise County 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. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.
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 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).
How are trials conducted?
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. 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). However, if a party wishes for a jury trial, it will likely last a few hours.
Wise County Court Locations
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