My question involves a consumer law issue in the State of: Texas
Had a plumber come out to repair gas riser and he put 21 times the pressure on our gas piping as what the gas normally comes in at. In other words 85 lbs. but that's in writing - he said he put 100 lbs. on it. Needless to say, the plumber was amazed at how many joint leaks he then found and all the dope powder now resting under each joint that was leaking.
City plumbing inspector will testify in court this caused the leaks. I offered to pay for what he came for - not the damage - they charged me to repair this damage!!! So, they wouldn't take what I offered. Now the case is in court through the Grand DADDY corporate law firm. They filed the $3100 in CIVIL - not small claims - JP court - TEXAS.
So, they send me interogs, and production of docs. - that's when I found out that it wasn't in small claims court!!!! So, I fired right back my own interogs and production of doc.s for them to answer for me.
Question: My son (who sued Yellow Cab himself in small claims and won a landmark case - which set the precident that small claims court rules of procedure applies also in the higher appeals court process in TX - sorry corporate lawyers - in TX now you can't run to appeals court when you lose in small claims and have the evidence thrown out anymore - haa ha) Yes, so my son said that I could motioin to dismiss this Civil case to have it moved to ADR and or small claims court so that I have the opportunity to fight this wrongful claim against me. He said to say in my motion this is a rampent abuse of the system to take a little guy over a little amount to Justice civil court when the same judges hear the small claims cases - that this filing in the civil court is intimidation and the mere fact of economics denies my ability to contest this wrongful claim.
Alright - my son is under the gun at work and can't help me - how do I file the motion in form - to dismiss to the small claims court?
My daughter also told me her friend was sued in Dist. court by an idiot and her lawyer got her $5,000 up front from the plaintiff for her legal fees BEFORE any trials could take place. So it seems the little guy can have a chance - just don't know how to style it or say it. for the small claims. I'd like to counter sue the bas****ds, but can't unless we get to small claims. They've cost me so much work and time and I even had to have another plumber come fix this idiots work! Thanks in advance.