Legal Question in Real Estate Law in Texas

How to file a case

I have obtained most of the documentation I will need in a case against a building contractor. I will be asserting that the firm failed to complete a job, requested payment prior to completion, etc. I will also be asserting fraud. I do not know whether to use County Court at Law, or another civil court. Also, I do not know how to go about filing (ie: obtaining a case number).


Asked on 2/28/98, 10:31 pm

1 Answer from Attorneys

Jeffrey Schlitt Jeffrey D. Schlitt, Attorney at Law

How and where to file a civil suit

The Court you choose depends upon the amount in controversy and the geographical location of the dispute.Constitutional County Courts; County Civil Courts at Law and District Courts all have different minimum and maximums amounts within which you must be in order for the court to obtain jurisdiction.Geographically, some counties in Texas do not have County Civil Courts at Law and thus would eliminate one of the three possibilities listed above.

To file a suit in a County Court, you file the papers with a County Clerk. To file in a District Court, you file the papers with a District Clerk.

In both instances, the Clerk will assign you a case number and a court.

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Answered on 3/03/98, 11:50 am


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