Legal Question in Civil Litigation in Texas

Seperate small claims into multiple suits in TX?

My ex-landlord has filed 2 suits on the same claim (breach of contract) in order to exceed the state limit of $5,000 in small claims court. Can I file a motion to dismiss BEFORE my court date? I cannot find a statute in TX that says you can't seperate claims into multiple suits.


Asked on 3/06/07, 3:00 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Seperate small claims into multiple suits in TX?

If it's the same issue and set of facts, the separation is improper. You can file motions to dismiss for lack of jurisdiction (claim exceeds the court's jurisdictional limit of $5,000.00), each identifying the other suit, and set forth the commonality between them. The judge will call for a hearing.

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Answered on 3/06/07, 3:34 pm


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