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Go Back   ECCIE Worldwide > General Interest > A Question of Legality
A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 04-04-2012, 04:07 PM   #1
SuthrnSam
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Default a letter of reply?

ha...i need to write a letter of reply after being served. I have no idea how to do this. I know what I need to address, I just don't know how to word it out, without looking stupid.

any help out there? TIA
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Old 04-04-2012, 04:44 PM   #2
acp5762
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Quote:
Originally Posted by SweeteAmber View Post
ha...i need to write a letter of reply after being served. I have no idea how to do this. I know what I need to address, I just don't know how to word it out, without looking stupid.

any help out there? TIA
Sounds like something you might need a Lawyer to write, but if you can't afford one or just don't want to go that route, try a Notary they may be able to at least help you word it properly.
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Old 04-04-2012, 04:58 PM   #3
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If it's a general denial, (basically you're politely saying the other side is full of shit) it's pretty easy stuff. Any attorney will be able to help you. Definitely answer the lawsuit though. Failure to answer will result in a default judgment against you which just further complicates matters. You can file your own answer, but I would recommend seeking an attorney's service/advice assuming the amount in controversy is somewhat substantial. Also, answering is only the beginning of the process. After that comes the fun stuff!
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Old 04-04-2012, 05:04 PM   #4
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After that comes the fun stuff!

ohhh, so i've heard!! and it's a civil matter, making it even MORE fun!!! yay!!

alright ya'll, thanks for the answers!!
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Old 04-04-2012, 05:17 PM   #5
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Well, you may not think it's fun. But the attorneys who bill by the hour LOVE it! LOL I would talk with a lawyer if I were you. But regardless if you go on your own or not, just make sure to answer! I'm assuming this is a JP/Small claims court case. I would say 80% of the people who sue in those cases win because the other side doesn't answer! Now, as for them collecting the judgment is another matter, but you don't want it to go that far.
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Old 04-05-2012, 09:29 AM   #6
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Here's an example of one. The facts may not match, but the general format is correct I believe. As you can see, it is a pretty simple thing to do.

http://texastenant.org/pdf_files/102...ndent_Evic.pdf

After this, it does get much more complicated, and you probably should consult an attorney. Many bar offices, I know Tarrant County does, have a time each month you can call in and talk to an attorney for free to at least get a feel for where you are at.
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Old 04-05-2012, 09:51 AM   #7
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If you talk to an attorney, I'd advise to always ask questions up front about the fee. If this is a small matter, there's a very good chance you'll end up paying an attorney more than it'd cost to pay a judgment.
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Old 04-05-2012, 09:56 AM   #8
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I don't know how it works in Texas, but here in Kansas a paralegal can set up shop and prepare simple filings for you (hell, they can even prepare divorce papers and property settlements for you as long as there is no custody issue). And, they're very reasonably priced compared to an attorney. If the letter you require is a simple answer that simply needs to be formatted for the court to an acceptable standard and remitted accordingly, you might try a paralegal if they are able to offer services "direct to public". Sometimes too, an attorney will offer you a discounted rate if you are able to use the services of their in-house paralegal and you don't really need a consultation . . . just call around! Answering a summons (denying the claim) up here is about a thirty dollar trip to the paralegal . . . versus $300 for an attorney.

NOT TO SAY that in many (maybe most) instances, you REALLY do need to talk to an attorney - it may be pricey, but it is usually worth the cost if there is something significant on the line . . . However, you may be able to see if you can find someone that will give you a few minutes free (most do). You may not get a ton of advice in return (for free), but you may get an idea of how serious the problem you're in may be . . . Also, they may have a paralegal that can do the work for less, or refer you out to one.

As one poster mentioned, though, do make sure you answer the summons or you risk a default judgement and you may compromise yourself in future court proceedings dealing with the same issue by not answering it.

Good luck!
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Old 04-05-2012, 11:21 AM   #9
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Amber sent me a PM and I'm assisting her.
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Old 04-10-2012, 09:56 AM   #10
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I spoke with Amber yesterday. She doesn't live in the DFW area and the court case at issue is in Houston, so I can't help her directly. Today I sent her an email with information about getting help in Houston at no-cost or low-cost.

While I was doing research I noticed there is an applicable form of an answer on the TexasLawHelp.org web site:

Respondent’s Answer to Petition to Modify the Parent-Child Relationship

There are links to many other legal forms and topics here:

TexasLawHelp.org Forms and Information
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