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    huntertravishouston's Avatar
    huntertravishouston Posts: 5, Reputation: 2
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    #1

    Dec 28, 2007, 04:29 PM
    How to file a motion to dismiss for time barred debt in small claims Texas
    Cause of action date of March 15 1999 when last payment was to be made per plantiff's exhibit in complaint. Statutes of limitation is 4 years.

    I did submit answer with general denial and affirmative defense of statute already but still set for negotiation. Want to submit motion to dismiss since it is so clear cut a time barred action.

    Please advise and thanks
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Dec 28, 2007, 04:48 PM
    Sorry, huntertravishouston, even after your explanation, still don't know what you want to do. You think you are still within statute of limitations for Texas and can't understand why you are being taken to court for (what amount, you don't say).

    I don't think you can get out of this, huntertravishouston, because you owe money and they are winning a judgment against you.

    If I am not right, explain further.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #3

    Dec 28, 2007, 04:48 PM
    Sorry, huntertravishouston, even after your explanation, still don't know what you want to do. You think you are still within statute of limitations for Texas and can't understand why you are being taken to court for (what amount, you don't say).

    I don't think you can get out of this, huntertravishouston, because you owe money and they are winning a judgment against you.

    If I am not right, explain further.
    DrJ's Avatar
    DrJ Posts: 1,328, Reputation: 339
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    #4

    Dec 28, 2007, 04:55 PM
    No, I believe he is saying that it is well past the statute of limitations but they are still applying for the judgment. Now he needs to know what steps to take to make a motion to dismiss the case based on that fact.

    Those details I do not know... but hopefully someone here will. I just wanted to clarify.

    And just to throw this in there... if, in fact, you are in Texas and they DO happen to get the judgment against you... good luck to them trying to get anything for it. Texas has great debtor protection laws. Even with a judgment, they cannot garnish your wages, put a lien on your home, or levy a bank account. All they can hope for is that you move out of Texas before the judgment expires (unless they plan to renew it in 10 years).
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #5

    Dec 29, 2007, 05:14 AM
    Name of court here

    Case #

    Plaintiff

    v.

    Defendant


    MOTION TO DISMISS
    STATUTE OF LIMITATION

    Now, come the defendant in the above titled case, who is of legal age and consent, hereby, moves to court this dismiss the above titled action with prejudice due to timed barred limitation.

    Plaintiff suit is beyond the Statutue of Limitation of 4 years in this state.



    ________________________________
    Defendant
    Address
    Phone


    Than type of and order.

    Name of court here

    Case #

    Plaintiff

    v.

    Defendant


    ORDER


    In consideration of the Defendant motion to dismiss, it is hereby ORDERED,

    That on this day_____month_____year the stated action before this court is

    DISMISSED with prejudice.



    ______________________________
    JUDGE



    Mail a copy to the Plaintiff and send one to the court, get it timed stamped. The court will not waste their time since it is beyond the SOL>
    huntertravishouston's Avatar
    huntertravishouston Posts: 5, Reputation: 2
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    #6

    Dec 29, 2007, 09:47 AM
    Dr. Jizzle and Mr. Yet were correct. This action is WAY past the 4 year statute of limitations. It is almost 8 years.

    Thanks to all of you for your answers. A special thanks to Mr. Yet for the verbage of the Motion to Dismiss.

    Just one more question. Is there any valid reason where a judge does not have to allow dismissal due to a time barred action?

    Thanks Lois
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #7

    Dec 31, 2007, 04:46 AM
    There is no reason a judge would even listen to a action that is beyond the SOL, it is a waste of the courts time.

    File a Motion for Judgment against the plaintiff for you time and expense also.
    msweeden76's Avatar
    msweeden76 Posts: 2, Reputation: 1
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    #8

    Sep 21, 2010, 11:43 PM
    I amin the state of Kansas I had a landlord take me to small claims coutin 4-00. Then today(9-21-2010) I receive papers from him trying to garnish my pay after ten years. Is he able to do this or what do I need to do to get out of this 10 year small claims case
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Sep 22, 2010, 06:45 AM
    Quote Originally Posted by msweeden76 View Post
    i amin the state of kansas i had a landlord take me to small claims coutin 4-00. then today(9-21-2010) i receive papers from him trying to garnish my pay after ten years. is he able to do this or what do i need to do to get out of this 10 year small claims case
    Please do not post your question in someone else's thread.

    I just answered the question in the separate thread you created for it.
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