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    txtxcal's Avatar
    txtxcal Posts: 44, Reputation: 1
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    #41

    Feb 25, 2009, 11:14 AM
    Quote Originally Posted by txtxcal View Post
    I received Plaintiffs response to my motion to dismiss today. They claim that their suit was filed in Justice Court, not Small Claims Court. The title of the citation I received from the court read "Justice Court/Small Claims". Can anyone explain this to me?
    Just read this.
    JURISDICTION

    In Texas, a Justice Court Suit is a civil suit for money damages, possession of real property, and enforcement of liens on personal property. The amount of controversy must be for no more than $10,000 or less, interest excluded.

    In Texas, a Small Claims Court Suit is a civil suit for money damages only (you may not recover personal property). The amount in controversy must be for no more than $10,000 or less, interest included. For more information please read "Comparison of Justice Court and Small Claims Court" below.

    Doesn't that mean it's a small claims court?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #42

    Feb 25, 2009, 01:22 PM

    Simple, contact the court clerk and ask which court has jurisdiction.
    txtxcal's Avatar
    txtxcal Posts: 44, Reputation: 1
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    #43

    Mar 5, 2009, 12:46 PM
    I just received a notice from the judge telling me that the pre-trial conference scheduled for March 30 has been cancelled and I am to appear in court on April 7 for trial. Does anyone have any opinions on why or how this happened?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #44

    Mar 5, 2009, 12:53 PM

    It means they're skipping the pre-trial hearing and going directly to trial. What did you send to the courts and/or the creditor?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #45

    Mar 5, 2009, 01:02 PM

    Send a letter to the judge ans ask why. Could be an issue of court calendars. Could be a request form the plaintiff. Could be any number of reasons.
    txtxcal's Avatar
    txtxcal Posts: 44, Reputation: 1
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    #46

    Mar 5, 2009, 01:29 PM
    The only things I sent to the court were my answer to the original complaint and my motion to dismiss.
    txtxcal's Avatar
    txtxcal Posts: 44, Reputation: 1
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    #47

    Jul 29, 2009, 10:56 AM
    This is the end of the story. I asked for an extension of time to complete Discovery, which was granted. I sent a request for documents to the attorneys for the plaintiff and they responded by not producing anything. They just answered everything by saying I was on a fishing trip. Two days before I was scheduled to go to court, I received a notice from the court that the plaintiff had dropped the suit. Alls well that ends well I guess.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #48

    Jul 29, 2009, 11:39 AM
    Quote Originally Posted by txtxcal View Post
    This is the end of the story. I asked for an extension of time to complete Discovery, which was granted. I sent a request for documents to the attorneys for the plaintiff and they responded by not producing anything. They just answered everything by saying I was on a fishing trip. Two days before I was scheduled to go to court, I received a notice from the court that the plaintiff had dropped the suit. Alls well that ends well I guess.
    Glad to hear things worked out for you; thanks for the update :)
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