Inmate Lawsuits FAQ | Texas Family Law Powerhouse

Question 1

Can Texas courts dismiss an inmate's lawsuit for filing a false poverty affidavit?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Reginald Donell Rice v. Texas Department of Criminal Justice. When facing a family law filing from an incarcerated parent, immediately subpoena their certified inmate trust account statement; any discrepancy between their deposits and their affidavit of indigence allows for a dismissal under Chapter 14 without the need for a hearing or service of process.

Question 2

What are the requirements for dismissing an inmate lawsuit under Chapter 14?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Reginald Donell Rice v. Texas Department of Criminal Justice. When facing a family law filing from an incarcerated parent, immediately subpoena their certified inmate trust account statement; any discrepancy between their deposits and their affidavit of indigence allows for a dismissal under Chapter 14 without the need for a hearing or service of process.