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Discovery and attorneys in small claims

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dtm1966

Junior Member
What is the name of your state? Texas

I am suing someone in small claims court for failure to pay me $3000. They have retained an attorney who has sent me a letter requesting copies of all documentation I plan to present (I think this is called discovery). They have also stated in the letter they are going to request I pay all their attorney fees if I loose. Questions: Do I have to sent them all the information (i.e. is there discovery in small claims court)? Can I request and get documentation from them that would help my case? Can they really back charge me their attorney fees? I thought small claims was about not having to hire an attorney for cases where small sums of money are involved.

Thank you
 


M

Meursault

Guest
I thought small claims was about not having to hire an attorney for cases where small sums of money are involved.

In Texas, an attorney is allowed in Small Claims court.
CHAPTER 28. SMALL CLAIMS COURTS
28.003. Jurisdiction
(c) A person may be represented by an attorney in small claims court.

Do I have to sent them all the information (i.e. is there discovery in small claims court)?
Discovery is also allowed:
28.033. Hearing
(e) Reasonable discovery in small claims court shall be permitted. Discovery is limited to that considered appropriate and permitted by the judge.

However, since you questions the appropriatness of the request, simply hire your own attorney.

Can I request and get documentation from them that would help my case?
See above.

Can they really back charge me their attorney fees?
No, but the judge can order that costs be charged to the losing party. This could include attorney fees.

Thank you
You're welcome.
 
M

Meursault

Guest
Why thank you sir. That's what happens when I get my daily allotment of Dog and Gates :D
 

dtm1966

Junior Member
Follow up question

Thanks for the prompt reply

I guess this "Texas Rules for Civil Procedure chapter 194" That the lawyer keeps referring to in his request does not apply to the small claims court

Thanks again
 
Last edited:

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