Can I wait as long as I want to pay for a change of venue in a court case? 1 Answers as of August 15, 2011I was sued and filed a motion for change of venue and it was granted, but in the order I, as defendant, am told I have to pay all costs to transfer including certifying fees, copying, etc. How is this legal when the Plaintiff filed in the wrong county? This suit was filed in Ellis County and I reside in Collin County. Also, it says that upon receipt of reimbursement for all costs the clerk is ordered to transfer the case to Collin County, but it doesnt show an amount or a time line for payment. Can I wait as long as I want to pay it? If I wait until the statute of limitations expires and the new court files after that date, is it still a good suit or can I get it dismissed for being beyond the statute of limitations? The 4 years is up June 14, 2012. I would like very much to not pay Ellis county (if I have to) until after next June since there was no date in the order.
Reeves Law Firm, P.C. | Roy L. Reeves
You screwed up. Based on your question I can tell you tried to do this yourself and you screwed it up. If the Plaintiff files in the wrong county, and you file an answer and Motion to Transfer Venue, the Statute of Limitations is tolled. Waiting will do you no good, they sued you and served you and you subjected yourself to the case and jurisdiction even if for the limited purpose of getting it transferred. A lawyer would have entered a special appearance for the sole and limited purpose of getting the case tossed out of Ellis County and forcing the Plaintiff to file again at his or her cost which may or may not take place on time. This case will take one of three paths now: (1) you will pay the cost of transfer; (2) you will not pay and end of having the case heard in Ellis County - since you have subjected yourself to that jurisdiction - even if you objected and got the transfer order, your failure to pay the fee may get you trapped; or (3) by some odd luck the case will be dismissed for want of prosecution and you will escape this mess - but don't plan on it, the tracking system will show the case pending transfer which will likely keep it off the DWOP docket.
Answer Applies to: Texas