QUICK QUESTION>>>> We own a home but are renting the property while leasing a home across town (because of recent job), until we move into and close on a home we are having built, in September. Can we file a suit on a DEBT COLLECTOR or ORIGINAL CREDITOR in the town or city that we live in right now? If I can file where we are living currently, it would be more convenient as opposed to driving across town to file. We are talking 10 minutes (at the most) as opposed to an hour and a half, drive time. Thanks, Keller
If I show the court our "Lease Agreement" wouldn't that allow us to file here locally? We are using our home as investment property and will continue to do so even after we close on our new home in September.
doubt this will help( only thing i have ever been to court for is to pay my tickets) but: http://www.capitol.state.tx.us/statutes/ci/ci001500.html 15.002. Venue: General Rule (a) Except as otherwise provided by this subchapter or Subchapter B or C, all lawsuits shall be brought: (1) in the county in which all or a substantial part of the events or omissions giving rise to the claim occurred; (2) in the county of defendant's residence at the time the cause of action accrued if defendant is a natural person; (3) in the county of the defendant's principal office in this state, if the defendant is not a natural person; or (4) if Subdivisions (1), (2), and (3) do not apply, in the county in which the plaintiff resided at the time of the accrual of the cause of action. (b) For the convenience of the parties and witnesses and in the interest of justice, a court may transfer an action from a county of proper venue under this subchapter or Subchapter C to any other county of proper venue on motion of a defendant filed and served concurrently with or before the filing of the answer, where the court finds: (1) maintenance of the action in the county of suit would work an injustice to the movant considering the movant's economic and personal hardship; (2) the balance of interests of all the parties predominates in favor of the action being brought in the other county; and (3) the transfer of the action would not work an injustice to any other party. (c) A court's ruling or decision to grant or deny a transfer under Subsection (b) is not grounds for appeal or mandamus and is not reversible error. I think you would go by number 4 but i really dont know.
O ya just i thought i give credit to the site that made me look for that info the site gives info for small claims in the houston area http://www.peopleslawyer.net/smallclaims/
