In district court, anyone (be it the attorney or yourself) presenting the court with any paper, pleading, or motion must actually certify that it is justified by an existing law, has a reasonable argument for an existing law to be changed, or for a new law to be made.  This allows the court to fine up to $25,000 for a frivolous case.   There is even more at stake than a monetary fine.  It is an attorney’s sworn duty to honor the American judicial system by knowing and understanding not only American law and courts, but also the study of logic, or, the way sound...

This week, Tessmer Law Firm will discuss frivolous lawsuits.  We’ll call it Frivolous Lawsuits 101.  What exactly is a frivolous suit?  It does not just mean any lawsuit you subjectively find unfair.  A frivolous lawsuit refers to any defense or claim that has little to no hope of success.  Filing many suits for the same claim, claiming extreme remedies, or filing a claim when an existing law prohibits the claim are all considered frivolous.   Much like using the word frivolous in any other context, a frivolous lawsuit wastes. Time of the court, time of both parties, money with legal and court fees, and resources are all wasted on frivolous claims.  Frivolous litigation can...

If you win, the court will enter a judgment in your favor, but this does not mean you automatically get your money. In many cases, a defendant will simply pay you if you win; however if they do not, then you must take legal steps to try and enforce your judgment.  Texas is very favorable to debtors and it may be hard to collect.  You should consider discussing your post-judgment remedies with a qualified attorney.   Either party may appeal the decision of the Small Claims Court if the dispute exceeds $250.00, exclusive of court costs. A Notice of Appeal must be...

To file your suit, you will need the following information: Your complete name and address The complete name and address of each person or business your claim is against The amount you intend to claim in damages (must be $10,000.00 or less) A statement of the basis for your complaint, plainly stated and including relevant dates and information (you should write this in advance).   You will want to call the clerk about two weeks after you file to confirm the defendant was served and when. This is important because the service date is used to set the trial date.  Find out...

A small claims suit must be filed in the county where the defendant lives. The justice of the peace in each county is also the judge for Small Claims Court.  If a county has more than one justice of the peace, then the claim must be filed in the court whose precinct covers the area where the defendant resides.   If you have exhausted all reasonable steps to settle your dispute, you are within the statute of limitations and you have researched where to file, you are ready to bring your suit to the Small Claims Court. Contact the justice of the...

While Small Claims Court cases normally concern minor debts owed. Cases such as divorce, child custody, or claims filed by a collection agency are not allowed in Small Claims Court. The Small Claims Court cannot force a party to do something, or to cease doing something; it can only deal with monetary awards of $10,000.00 or less.   It is common for litigants in Small Claims Court to represent themselves in front of the judge. This is because the cost of hiring an attorney can quickly outweigh the benefits allowed by the money limit. Though uncommon, one is still allowed to hire...