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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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Can a plaintiff who has been declared a Vexatious litigant

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Can a plaintiff who has been declared a Vexatious litigant in the Texas State Court system file a suit in a Texas small claims court with out permission and without furnishing security?

Dwayne B. :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

Dwayne B. :

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.

Dwayne B. :

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.

Dwayne B. :

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.

Dwayne B. :

However, they should have appealed the order since requiring permission to file a lawsuit in a different court is probably unconstitutional.

Customer:

The vexatious litigant order applies to any state court. So in your opinion that includes small claims court, right?

Dwayne B. :

Correct.

Dwayne B. :

Assuming that it states it applies to any state court.

Customer:

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.

Dwayne B. :

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.

Dwayne B. :

You can also file a Motion for Contempt against him in the original court.

Dwayne B. :

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

Dwayne B. :

Pay particular attention to 11.103(b). That explains the procedures to use to get the case dismissed.

Customer:

Great. Thanks.

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