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Re: Small Claims Court - Jursidiction - Landlord Forum thread 355021

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Re: Small Claims Court - Jursidiction by Carla on November 10, 2017 @16:01

You state that you have filed a small claims case against your former tenants. Did you get a judgement for possession? Were your tenants personally served while they were in Texas? Did you get a judgement for both possession and damages? Did you just get a default judgement for possession because the tenants failed to show up in court?

If you only got a judgement for possession, then when you had them served in Tennessee, without a judgement for damages, they could have the case dismissed. If you had them served to collect damages in Tennessee, you may not have any standing to file and that is why they filed a motion to dismiss. This may well require an attorney to pursue. Just why and how much are you hoping to get from the former tenants?

Please update us, as we are interested in what happens.
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Re: Small Claims Court - Jursidiction by Anonymous on November 10, 2017 @17:03 [ Reply ]
As of now they have been served in TN as that is where they reside a notification from Justice of the peace that I have filed a suit. The small claims case is filed in Collin County Texas. All they have done so far is respond within the 14 required days with a latter requesting a motion to dismiss as they are residents of TN and not TX.

I am trying to find out if that is a valid claim that the justice of peace might consider and completely dismiss the case.
    Re: Small Claims Court - Jursidiction by Anonymous on November 10, 2017 @17:44 [ Reply ]
    Okay, you have not served them in Texas, is that correct? You have served them in Tennessee, is that correct?

    If you have no personal service of the former tenants in Texas, than all you can get by default is possession of the rental property. In order to be awarded damages, the former tenants must be personally served in Texas.

    If you have them personally served in Tennessee, without a court ordered judgement for damages from Texas, you most likely have no legal grounds to file in Tennessee for damages in Texas. This is maybe why the former tenants filed for dismissal, as the court has no jurisdiction.

    If by some circumstance you are incorporated, you would have to be registered in Tennessee to proceed in court.

    Without a judgement for damages in Texas, you just might be wasting your time and setting yourself up for a costly experience.

    My personal believe is that they will be granted the dismissal.

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