[TX] How can I nonsuit a court case while preventing a defendant’s attorney’s fees counterclaim?

TX Legal (General)

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You can end your case in Dallas County JP Court by filing a nonsuit before presenting all your evidence (Texas Rule of Civil Procedure 162 (p. 8)), but if the defendant has made a counterclaim for fees and it has been accepted, your nonsuit will dismiss only your claims, not theirs.

The counterclaim stays active and will be decided independently unless both parties agree to dismiss all claims. If the counterclaim is for attorney’s fees based on a prevailing party agreement, Texas courts may decide that the defendant does not qualify as a prevailing party if your nonsuit avoids a judgment against you, but the defendant can ask the judge to decide if fees are owed based on your agreement and the circumstances.

To fully end the case and nullify fee claims, you and the defendant must agree to dismiss everything together, so it’s best to get written confirmation from the other side before filing your nonsuit.

Full Conversation

How do I nonsuit a civil case in Dallas County, TX JP Court?

Lexi, Chatbot

I understand that navigating the legal process can be challenging. Have you already filed the civil case in Dallas County JP Court, or are you in the process of deciding to do so?

Yes, I have already filed the case.

Lexi, Chatbot

What specific reasons do you have for wanting to nonsuit the civil case?

There is a related administrative proceeding running concurrently with this small claims case. I want to proceed with the administrative proceeding since it will afford me free counsel through the administrative agency. In order to allow the administrative proceeding to continue, my JP Court case must not go to trial.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your nonsuit request.

Yes. Defendant has a counterclaim against me for attorney's fees. I want to make sure that I nonsuit the case in a way that nullifies their counterclaim.

Legal Eagle

Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation! Have you received any notice or filing from the defendant showing that their counterclaim for attorney’s fees was accepted or docketed separately by the court?

There is a counterclaim on file stating that defendant and I have an agreement that the non-prevailing party will be responsible for the attorney's fees of the other.

Yes, it was accepted.

I can see it on the online docket for my case.

Does this impact the way in which I need to proceed with nonsuiting the case as the plaintiff?

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