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Originally Posted by txtxcal

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?

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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?

Simple, contact the court clerk and ask which court has jurisdiction.

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?

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?

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.

The only things I sent to the court were my answer to the original complaint and my motion to dismiss.

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.

Quote:

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Originally Posted by txtxcal

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.

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Glad to hear things worked out for you; thanks for the update :)