SMALL CLAIMS Plaintiff Will Also Need the ADDRESS of the REGISTERED AGENT, PRESIDENT OR VICE COURT PROCEDURES PRESIDENT for Service of Citation

1. INDIVIDUAL a party personally responsible for damages.

2. SOLE PROPRIETOR OR PARTNERSHIP a business that is not incorporated but has filed an assumed name certificate with the County Clerk in the county of business that lists the owner(s). The County Clerk's office for Polk County is in Livingston, Phone: (936-327-6804). Darrell Longino 3. CORPORATION a business that is Justice of the Peace, Pct 1 incorporated. To sue a corporation, the plaintiff Polk County, TX must find the name of the REGISTERED AGENT, 936-327-6841 PRESIDENT OR VICE PRESIDENT of the

corporation before filing the suit. The Secretary of

State (512-463-5555) has that information. The SMALL CLAIMS plaintiff will also need the ADDRESS of the REGISTERED AGENT, PRESIDENT OR VICE COURT PROCEDURES PRESIDENT for service of citation. When the suit is filed, the Plaintiff will be filing against the THE INFORMATION IN THIS WORKSHEET IS FOR SMALL corporation and serving the citation on one of the CLAIM COURT PROCEDURE. above mentioned officers of the corporation. It is

also possible for an incorporated entity to have as THE COURT OR COURT PERSONEL WILL NOT GIVE LEGAL ADVICE. ALL PARTIES SEEKING LEGAL ADVICE assumed name, e.g. John's Auto Shop, Inc. DBA~ SHOULD SPEAK TO A LICENCED ATTONRNEY BEFORE John's Garage. FILING OR ANSWERING A LAW SUITE. DISCOVERY Small Claims Court is a court in which parties can In Small Claims Court, discovery requires prior settle disputes where a money judgment is sought. approval from the Court under Section 28.033 (e) Government Code. VENUE: Suit should be filed in the county and precinct where Court Cost & Service Fees in Polk County. one or more defendant(s) reside. If the suit is based The Court filing fee is $31.00. Additionally, on a contract or tort, the defendant may also be sued in Polk County, the cost for service is $75.00. in the county where the contract was entered into or to be performed, or where the tort occurred. If suit is If the defendant is to be served outside of Polk County, filed in this court and the Defendant files a Motion to Texas. Transfer Venue (a request that the suit be transferred to another county or precinct), the plaintiff will be 1. Call the county courthouse in the county where liable for any additional filing fee if the suit is the defendant is to be served. transferred. 2. Ask for the name of the constable or sheriff in the precinct where the defendant is to be served; JURISDICTION: 3. then call that office and find out the service fee for Jurisdiction (an issue over which Court has authority) serving a Small Claims Court Citation. in Small Claims Court suits is for the recovery of MONEY ONLY, where the amount in controversy does Get the address of the constable or sheriff who will be not exceed $10,000.00. This includes attorney fees serving the citation. and pre-judgment interest. Court costs may be added to that amount. CITATION Unless the Court is informed by the Plaintiff of the FILING SUIT: election of another entity for service the Court will The responsibility for completing the petition rests forward the citation to the Constable of Precinct One, with the plaintiff. PLEADINGS MUST BE FILED IN Polk County. Citations that will be served in a county DUPLICATE. The Court Clerks will assist with other than Polk will be returned to Plaintiff, plaintiff's procedural questions. The plaintiff should understand agent or attorney to forward to the appropriate that for a potential judgment to be valid, it is agency for service. necessary to sue the defendant in their legal capacity. They are as follows:

ANSWER THIS COURT DOES NOT COLLECT THE JUDGMENT The defendant(s) in the suit must file a written FOR YOU answer with the Court by the Monday following the Some remedies to collect a judgment are as follows: expiration of ten days from the date the citation was served upon the defendant(s). 1. ABSTRACT OF JUDGMENT The winning party may obtain an Abstract of REPRESENTATION Judgment after the judgment is final. The fee for Small Claims Court was designed for individuals to be obtaining an Abstract of Judgment is $5.00. The able to file suits without the assistance of an attorney, Abstract will be mailed to the party requesting it. The however, either party may be represented by an Abstract of Judgment may be filed with the County attorney if they choose to do so. The Rules of Evidence Clerk's office in any county the losing party may have are not in effect in Small Claims Court and The Rules real property. After the Abstract of Judgment is filed of Procedure apply only in certain situations. with the County Clerk, if the losing party sells any real property within 10 years from the date of judgment, PREPARING YOUR CASE FOR TRIAL the amount of the judgment should be paid. The The Plaintiff has the burden of proof and must meet County Clerk may charge an additional fee for filing that burden by showing through evidence that the the Abstract of Judgment. defendant is at fault. The plaintiff should bring to trial all proof of damages and evidence necessary to 2. WRIT OF EXECUTION substantiate the claim. It is the plaintiff's or A Writ of Execution may be obtained any time after 30 defendant's responsibility to furnish copies of days from the date of judgment. A Writ of Execution information to the Court and all parties involved. allows a constable or sheriff to seize non-exempt Witnesses to the suit, who will not come to court property from the losing party. If property is seized, an voluntarily, may be issued a subpoena to compel them auction is held and the proceeds from the sale are to appear. Submit a request for a subpoena in writing credited toward your judgment. The cost for obtaining a at least one week prior to the trial date and pay the Writ of Execution in Polk County is $155.00. There may required fee for service ($10.00 cash for witness fee, be other remedies available, which are not covered here. and $70.00 per witness for service in Polk County). ADDITIONAL INFORMATION DEFAULT JUDGMENT If the defendant in the suit fails to answer to the Court, ALTERNATE SERVICE the plaintiff needs to appear on the Default Judgment Docket. THE PLAINTIFF STILL MUST PROVE THE The Defendant in a Small Claims Court suit should be CASE TO THE JUDGE. Briefly state the facts of the case served personally by the constable or sheriff of the and present any written evidence to support your county. Sometimes, service is avoided by the case. defendant and an alternate method of service is necessary. The constable, sheriff or process serving TRIAL BY JUDGE OR JURY entity may file an affidavit with the Court stating that If the defendant in the suit files an answer, the Court will service has not been obtained upon the defendant for set a trial date. A notice will be mailed to both the various reasons. The plaintiff may make a motion to plaintiff and defendant stating the time and date to the Court that the defendant is served by alternate appear in Court. A jury trial must be requested in writing service after the Court receives the officer's affidavit. and a fee of $5.00 paid. The alternate service may be as provided by statute. The plaintiff will be notified to come to the Court to AFTER JUDGMENT sign the motion for alternate service. If this is After judgment is entered, the losing party has ten approved, the Judge will sign the order and the days to appeal the case to the County Court at Law in citation and the returned the paperwork to the Williamson County. Should the Court rule the plaintiff process serving entity. recover nothing or should the plaintiff receive a judgment for less than requested, the plaintiff may APPLICABLE STATUTES GOVERNING SMALL appeal the case to the County Court within ten days. If CLAIMS COURT INCLUDE, but are not limited to: an appeal is not filed within ten days from the date the judgment is signed, or if a Motion to Set Aside a Texas Government Code, Chapter 28 Default Judgment or a Motion for New Trial is not filed within 5 days from the date the judgment is signed, Texas Rules of Court the judgment becomes final. Texas Civil Practice & Remedies Code