Frisco, TX asked in Consumer Law, Contracts, Civil Litigation and Small Claims for Texas

Q: What if my counterclaim is NOT within the jurisdiction of the court in Texas, like more money than the court allows?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered

A: A Texas attorney could advise best, but your question remains open for three weeks. I can't speak for the state court system in Texas, but as a GENERAL matter in many jurisdictions, what can typically happen if a counterclaim exceeds the court's limit is that the matter can be removed to the next higher level state court. If the matter falls outside the court's jurisdiction because of money AND a federal question (you said "like more money," suggesting another possible basis for removal), then it could be removed to the federal district court in the venue where the state court sits. Good luck

Tim Akpinar

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