Legal Question in Wills and Trusts in Texas

Which court?

how does the amount of money being sued determine which court it is filed in?


Asked on 2/16/03, 6:18 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Which court?

This is a question of jurisdiction. If it's a probate matter, you file in the probate courts without regard to the amount of money involved. If it's a civil matter, Small Claims and Justice Court has a maximum jurisdictional limit of $5,000. One penny over, and they've lost jurisdiction (they can't hear and decide the case). County Civil Courts at Law hear issues of at least $50 and no more than $100,000 (exclusive of interest, attorney fees, and exemplary damages). District Courts have jurisdiction over matters for at least $500; there's no upper limit.

There are also special jurisdictional issues; i.e. Small Claims and Justice Court has exclusive jurisdiction over writs of forceable entry and detainer (eviction suits).

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Answered on 2/17/03, 10:18 am


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