Small Claims Court cases for Polk are heard in 4 locations throughout Polk County. The following locations are served by this County: Corrigan, Goodrich, Livingston, Moscow, Onalaska, Seven Oaks, and unincorporated parts of Polk County.
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. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Are Appeals Allowed?
A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.
Who is the judge in a Small Claims Court case?
The justice of the peace for Polk County presides over small claims court actions for Polk County.
Polk County Court Clerk
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.
Where do I file my small claims court case?
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
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). 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.
Types of Small Claims Cases
Small claims courts handle a wide variety of cases. From a security deposit on a rental to a motor vehicle accident. 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.
What is the trial like?
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). If a jury trial is required, the trial could last a few hours.
This courthouse is located at:101 W Mill St, #152 Livingston, TX 77351-3223
This courthouse is located at:P O Box 1417 Onalaska, TX 77360-1417
The Polk courthouse is located at:P O Box 1417 Onalaska, TX 77360-1417
This courthouse handles cases for Precinct 3 Place 1. This courthouse handles cases for Precinct 3 Place 1. The court’s website is can be found here. The phone number for the court is (936)398-4114. And you can email the court by clicking here.
The Livingston courthouse is located at:602 E Church St, Ste 135 Livingston, TX 77351