Legal Question in Credit and Debt Law in Texas
justice court
I have been sued in the local justice court in texas. The plaintiff is suing for $500.00, I have a counter claim for $6,000. I want the case transferred into county court so that I may hire an attorney and utilize all forms of discovery. The plaintiff has an advantage in Justice court, there is no development of evidence, etc..
Is there a law that grnts me the right to have the case moved?
Thank you
2 Answers from Attorneys
Re: justice court
The jurisdictional limit for justice court is $5000. Appeals from justice courts are heard as new cases in county court. I never get excited about prevailing or losing in justice court because the appeal process is so user friendly. On some occassions, so as not to waste everybody's time, opposing counsel or I will allow a default judgement to be taken in JP court so as to expedite the appeal and move to county court at law. Good luck.
Re: justice court
You'll have to file a separate case in County Court. The JP does not jurisdiction to hear your counterclaim.