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Change of Venue

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K

kandsoneill

Guest
What is the name of your state? Texas

I am suing a guy for repairs to a motorcycle I made that he said he would repay me for. I live in one county, he lives in another, and the transaction took place in still another. I filed the case in my county because someone at the courthouse said it shouldn't matter where it was filed. The guy has filed a change of venue motion to move it to his county. Does he have more right to have it in his county than I do in mine? What do I say in court to keep it where it is?
 


BL

Senior Member
What does the court clerk say about this ? anything ?

You say the the transaction took place in another county.

Where did you do the repairs ?
 
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K

krispenstpeter

Guest
It doesn't matter what the court clerk says about anything. The clerk is not a judge and/or attorney and should keep their mouth shut.

And yes, the other party has every right to petition for a change of venue just as you do to file in your county. The judge will determine where the trial should be held based on the facts of the case which we do not have.
 
K

kandsoneill

Guest
Change of venue

I purchased the motorcycle from him. The viewing and all the paper signing for the purchase to place in Washington county ( where I work). The motorcycle had a problem when I bought it and he said he would pay for repairs. The repairs took place at a mans house in Washington County. I live in Brazos county and the defendant lives in Burleson county. I understand that he has every right to file the motion and that what the clerk said was just talk, but my questions are still,
1. Does he have any more right to have it in his county than I do to have it in mine?
2. What should I say at the change of venue hearing to keep it where it is?
I could understand if he wanted to change the venue to the county where the transaction and repairs took place but that's not what he is doing.
 

JETX

Senior Member
"Does he have more right to have it in his county than I do in mine?"
*** Yes.
Per Texas Government Code:
"§ 28.011. VENUE. An action in small claims court must be brought in the county and precinct in which the defendant resides, except that:
(1) an action on an obligation that the defendant has contracted to perform in a certain county may be brought in that
county; and
(2) an action for which venue is proper under Section 15.099, Civil Practice and Remedies Code, may be brought as
provided by that section."

"What do I say in court to keep it where it is?"
*** You don't. Based on the above, your 'options' are to have it in his home county or in the county where the contract was performed. You do not have an option to have it in your home county.
 
K

kandsoneill

Guest
Contract

Would the judge consider the fact that he contracted (agreed to) repay me and I live in Brazos county. Therefore his obligation of repayment rests in Brazos county where I filed it?????
 

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