Walker County Court Clerk
We recommend contacting the Walker 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 Walker 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 file my case in 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. The court has no authority to issue an injunctive or equitable award. 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 would be called injunctive relief.
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. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).
Where do I file my small claims court case?
You should file your action in the County and specific Precinct where the defendants reside or where the defendant has contracted to perform. (Government Code Section 28.011).
Types of Small Claims Cases
A variety of cases are handled 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.
What is the trial like?
The trial is relatively informal compared to a normal trial. 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. If a jury trial is required, the trial could last a few hours.
Are Appeals Allowed?
Yes, but only if the amount in controversy is in excess of $250. Small Claims Court cases for Walker are heard in 4 LOCATIONS throughout Walker County.
The justice of the peace for Walker County presides over small claims court actions for Walker County.
Walker County Court Locations
The precinct map for Walker County can be found here.
Precinct 1 Place 1 Courthouse in the City of Huntsville
This courthouse is located at:717 FM 2821 W, Ste 300 Huntsville, TX 77320
Precinct 2 Place 1 Courthouse in the City of Huntsville
This courthouse is located at:102 Tam Rd, Ste A Huntsville, TX 77320
Precinct 3 Place 1 Courthouse in the City of Huntsville
This courthouse is located at:2986A SH 19 Huntsville, TX 77320-0450
This courthouse handles cases for Precinct 3 Place 1. The court’s website can be found here. The phone number for the court is (936)436-4988.
Precinct 4 Place 1 Courthouse in the City of New Waverly
This courthouse is located at:9360 SH 75 S New Waverly, TX 77358-4224
This courthouse handles cases for Precinct 4 Place 1. The court’s website can be found here. The phone number for the court is (936)435-8750.