How do I combine small claims cases?

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How do I combine small claims cases?

Tomorrow there is a small claims case that would be involving another small claims case next month with the same plaintiff and defendant. The first case is about returning a security deposit. The later dated case is breach of lease vs a tenant’s right to remedy. How do I request to combine the cases?

Asked on April 16, 2012 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can file a motion to consolidate the two lawsuits as long as they stem from the same transaction.  The basic facts you provide indicate that the facts and disputed issues do overlap.  A motion to consolidate is not a complex form-- simply file a motion with the title, request that the consolidation of one into the other.  You need to specify which would you want to combine into.  (For example, Petitioner requests consolidation of Cause A into Cause B).  This is what will get everything into one lawsuit.  If you can successfully consolidate, you may need to amend your original complaint so that both matters are accurately reflected.  Before you file, see if the clerk is going to charge a fee for the consolidation.  Some small claims courts don't worry too much, because the files aren't that big.  However, some will charge a fee-- which may be cost ineffective.  If there is going to be a huge fee or if the judge denies your motion, simply ask the court to carry the two cases on the docket together so that the can be scheduled and resolved at the same time. 


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