Legal Question in Real Estate Law in Texas

Small Claim Limit

We filed a small claim action on a real estate transaction. The loss was nearly $20,000 and the loss was itemized. The claim was for $5,000. -- the limit in Texas. We went to court but the case was thrown out because our loss was over the $5,000. limit even though we were only claiming $5,000.

Is this correct? What action should we take now?

Asked on 5/31/03, 11:43 am

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Small Claim Limit

Yes. You would either need to file in County or District Court, depending on your jurisdiction. Neither of those courts are as user-friendly as the small claims courts for people representing themselves. You may want to contact a lawyer for assistance. The good news is, if you win, you could recover your full loss.

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Answered on 5/31/03, 6:00 pm


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