Have Legal Questions? Ask a Lawyer Now.
Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.
It depends on the order that was issued. Generally, an order is only good for that particular court and is not applicable to every court in the state.
From the position of someone being sued by the "vexatious litigant" they could file a motion in the small claims court and ask that the party be required to provide security.
From the position of the VL themselves, if the court order declared that they had to seek permission each time they filed a lawsuit then they could be in contempt of court for failing to do so.
However, they should have appealed the order since requiring permission to file a lawsuit in a different court is probably unconstitutional.
The vexatious litigant order applies to any state court. So in your opinion that includes small claims court, right?
Assuming that it states it applies to any state court.
Www.txcourts.gov/oca/PDF/vex/Robertstarlocke.PDF is a copy of the court order. Please review it and advised. Robert Locke is has filed suite against me in small claims court and I need to know whether I can ask the court to have him Furnish security. Thanks.
I read through that order and it specifically says he has to seek permission before filing suit in any court in the state, which means that you can move to dismiss the case based on a failure to meet a "condition precedent" and, in addition, if the court fails to dismiss the case you can also request that he post security.
You can also file a Motion for Contempt against him in the original court.
You can read the code sections dealing with this at http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.11.htm#11.056
Pay particular attention to 11.103(b). That explains the procedures to use to get the case dismissed.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).