Small Court Case Jurisdiction

Jurisdiction: 

Area of Law: 

Question: 

Plaintiff list $12,000 in damages but states in the contentions he is lowering the amount to meet the court jurisdiction. Is this permissible? How to dismiss the case without having to appear?

Selected Answer: 

The plaintiff can file his

The plaintiff can file his claim where he sees fit assuming the court has proper jurisdiction to hear the matter. For example, the claim must be filed in the county where you reside or where the cause of action arose. In Texas, the jurisdictional limit of the small claims courts is $10,000. If the plaintiff wants to waive the additional funds he claims he is entitled to in order to file in this court, than the court may allow the plaintiff to do so. In addition, the Texas peace courts can also hear matters up to $10,000. If you want to file a motion to dismiss based upon the amount in controversy, contact an experienced Texas attorney to determine how to file the motion without entering an appearance in the case. For more information about the Texas courts, see http://www.courts.state.tx.us/.

All Comments

The plaintiff can file his

The plaintiff can file his claim where he sees fit assuming the court has proper jurisdiction to hear the matter. For example, the claim must be filed in the county where you reside or where the cause of action arose. In Texas, the jurisdictional limit of the small claims courts is $10,000. If the plaintiff wants to waive the additional funds he claims he is entitled to in order to file in this court, than the court may allow the plaintiff to do so. In addition, the Texas peace courts can also hear matters up to $10,000. If you want to file a motion to dismiss based upon the amount in controversy, contact an experienced Texas attorney to determine how to file the motion without entering an appearance in the case. For more information about the Texas courts, see http://www.courts.state.tx.us/.