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How to proceed with case, defendant has legal assistance - amended

On Lawyer & Legal » courts, lawyers & litigation

2,141 words with 1 Comments; publish: Sun, 11 Dec 2005 14:57:00 GMT; (800217.77, « »)

I am a landlord in Denton County Texas. When a tenant skips out I typically

sue them in a county court for breach of contract and file POP,

Interrogatories, Request for Admission. Most are just overwhelmed, don't

answer, and I get a default judgement. One has the assistance of the local

law school. They responded, denied most of my admissions. Now I'm a little

unsure of how to proceed.

The way I see it I have two options.

1) change venue to a JP court where the judge will not allow a lawyer to

out-maneuver me, a pro-se litigant.

2) continue on and try to get a summary judgement.

I really don't want to hire an attorney. I doubt the defendants will ever

be able to pay me. Having to pay attorney fees is adding insult to injury.

Also, I believe the amount I'm asking exceeds the limits of what's allowed

in a JP court. I can adjust it downward and exclude damages that are not

materal, ie. unpaid late fees.

Another possiblility. Apparently the defendant filed an Original Answer.

Hand written on a piece of notebook paper. Is that considered a valid

Answer?

Thanks in advance.

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  • 1 Comments
    • Nobody wrote:

      [found a tenant who is fighting back in a case where he usually wins by

      summary]

      1) change venue to a JP court where the judge will not allow a lawyer to out-maneuver me, a pro-se litigant. 2) continue on and try to get a summary judgement. I really don't want to hire an attorney. I doubt the defendants will ever be able to pay me. Having to pay attorney fees is adding insult to injury.

      Why bother with this at all if the person you are after doesn't have any

      money? Sometimes you win, sometimes you lose sometimes winning isn't

      worth the effort. Put down the losses as part of the inevitable cost of

      doing biz as a landlord. Another possiblility. Apparently the defendant filed an Original Answer. Hand written on a piece of notebook paper. Is that considered a valid Answer?

      If the clerk accepted and filed it (your word here) then it's valid.

      -paul

      ianal

      #1; Tue, 13 Dec 2005 08:52:00 GMT